VIKRAM BAHADUR AND ORS. Vs. JOGINDER SINGH GANDHI

JUDGEMENT

(1.) This Second Appeal under Section 39 of the Delhi Rent Control Act, 1958 (for short 'the Act') is directed against the judgment and order dated 6th February, 1984 of the Rent Control Tribunal confirming the order dated 29th September, 1983 of the Additional Rent Controller directing the appellant-tenant to deposit rent @ Rs. 500/- per month from 1st August, 1980 under Section 15(1) of the Act.

(2.) In brief these are the facts. The respondent filed a petition for eviction of the appellant on the ground of non-payment of rent alleging that he had defaulted in payment of rent at Rs. 500/- per month for the period from 1st August, 1980 in spite of demand notice. The main contention of the appellant before the Additional Rent Controller was that the suit premises on first floor and second floor were rented at a monthly rent of Rs. 185/-, that the ground floor was also taken on rent subsequently and the monthly rent was increased to Rs. 500/-, that thereafter ground floor was surrendered and rent was again reduced to Rs. 185/- per month. His further contention was that rent at Rs. 185/- per month for the period from 1st August, 1980 to 31st March, 1981 amounting to Rs. 1480/- was deposited under Section 27 of the Act. The Additional Rent Controller by order dated 29 September, 1983 held that there was no document to support the version regarding surrender of ground floor portion, he, therefore, directed the appellant to deposit rent at Rs. 500/- per month with effect from 1st August, 1980. The appellant's plea regarding deposit of Rs. 1480/- under Section 27 of the Act has not been taken into consideration.

(3.) The tenant filed appeal before the Rent Controller Tribunal which was dismissed by judgment and order dated 6th February, 1984 as barred by limitation.