C L NAGPAL Vs. DHARAM PAL SINGH

JUDGEMENT

(1.) This is an appeal which was filed by Shri C.L. Nagpal, who was a tenant of a part of the premises bearing No. 8, Park Area, Karol Bagh, New Delhi, against the order of eviction which was passed against him by the Rent Controller and upheld by the Tribunal.

(2.) . The short question of law which arises in this case is whether the Rent Controller has the power to condone the delay in depositing the rent pursuant to an order having been passed under Section 15(1) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act').

(3.) . Shri Nagpal (hereinafter referred to as 'the tenant') was occupying the aforesaid premises in question on a monthly rent of Rs. 60.00 . On 18th July, 1969 the respondents filed an application for eviction of the tenant, inter alia, on the ground that the tenant, had defaulted in payment of rent. It was also pleaded that he had caused substantial damage to the premises by making unauthorised construction. The allegations were denied by the tenant. However, on 16th October, 1969 the Rent Controller, Delhi passed an order under Section 15(1) of the Act directing the tenant to deposit the arrears of rent at the rate of Rs. 60.00 per month with effect from September 20, 1968 upto date within one month of the order and also to deposit future rent month by month by the 15th day of each following month.