KALOO Vs. ANAND PRAKASH

JUDGEMENT

(1.) On 2nd Sept., 1969, Shri Avtar Singh, the original landlord brought an application for the eviction of the appellant Kaloo from the property in dispute, on the ground of non-payment of arrears of rent. The application was allowed by the Additional Rent Controller on Sept. 19, 1975. He held inter alia that there was a default in the compliance of the order made under section 15(1) of the Delhi Rent Control Act (the Act) and he had no power to condone the delay of even one day and consequently granted the order for eviction. The appeal filed against the said order was dismissed by the Rent Control Tribunal vide order dated Sept. 12, 1977. He inter alia observed:-

(2.) The Supreme Court in Ram Murti Vs. Bhola Nath AIR 1984 S.C. 1392, has in turn over-ruled the full bench decision of this court in Hem Chand's case. It was held that the Rent Controller had the power to condone the default on the part of the tenant in making payment or deposit of future rent. In view of this decision I have no option but to accept the appeal and set aside the impugned order and remand the case to the Controller for considering the question of exercising discretion to condone the delay in deposit of rent made in persuant to the order under section 15 (1) of the Act. He will find out if there were any defaults and whether he would like to exercise his discretion or not to condone the delay. I order accordingly.

(3.) The parties are directed to appeal before the learned Rent Controller on 20th May, 1985. There are no orders as to costs. Appeal accepted.