GOODWILL INDIA LIMITED Vs. TIRLOCHAN SINGH

JUDGEMENT

(1.) This is a tenant's appeal from the order of the learned Rent Control Tribunal dated February 18, 1982. It was filed on July 6, 1985. It being barred by time the appellant has also filed an application (CM 1908/ 85) for condonation of delay.

(2.) . The dispute is in respect of a shop no. WZ 67 (New no. 2252) Raja Park, Shakur Basti, Delhi. It was let out to the appellant by Sohan Lal (since deceased) on June 5, 1964. On December 13, 1976 the landlord brought an application for recovery of the possession of the said shop under clauses (a), (c), (f) and (j) of the proviso to sub-section (1) of section 14 of the Delhi Rent Control Act, 1958 (for short 'the Act').

(3.) . The petition was resisted. In these proceedings an order under section 15(1) of 'the Act' made on October 26, 1977 directing the tenant to pay or deposit the arrears of rent at the rate of Rs. 35/- per month with effect from July 1, 1974 within one month of the order and also to continue to pay or deposit the figure rent at the said rate month by month by the 15th of each succeeding English calendar month. The tenant was allowed an adjustment of Rs. 230/-. The rent for the month of November, 1977 was deposited in January, 1978. The landlord, therefore, moved an application under section 15(7) of 'the Act' for striking out the defence. The application was dismissed on August 17, MS. There was again a default This time there was delay of one day in the deposit of rent for the month of April, 1979. This time also the application moved by the landlord for striking out the defence was dismissed. Ultimately an order for eviction, however, was made under clause (a) of the proviso to sub section (1) of section 14 of 'the Act.' The appellant was not given the benefit of the provisions contained in section 14(2) and 15(6) of 'the Act' because of the defaults in depositing the rent for the months of November, 1977 and April, 1979. Relying on the decision of the Supreme Court in Delhi Cloth and General Mills Pvt. Ltd. v. Hem Chand Jain AIR 1977 SC 1986 the Tribunal dismissed the appeal on February 18, 1982.