RAM KUMAR Vs. VIRENDER KUMAR

JUDGEMENT

(1.) This is a tenant's appeal from the order of the learned Rent Control Tribunal dated 18.2.82. It was filed on 6.7.85. 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. It was let out to the appellant by Sohan Lal (since deceased) on 5.6.64. On 13.12.76 the landlord brought an application for recovery of the possession of the said shop u/s 14(1) (a), (c), (f) and (j) of the Delhi Rent Control Act, 1958 (for short 'the Act').

(3.) . The petition was resisted. In those proceedings an order u/s 15(1) of 'the Act' was madeon 26.10.77 directing the tenant to pay or deposit the arrears of rent at the rate of Rs. 35.00 p.m. with effect from 1.7.74 within one month of the order and also to continue to pay or deposit the future rent at the said rate month by month by the 15th of each succeeding English calender month. The tenant was allowed an adjustment of Rs. 230.00. The rent for the month of Nov. 1977 was deposited in Jan. 1978. The landlord, therefore, moved an application u/s 15(7) of 'the Act' for striking out the defence. The application was dismissed on 17.8.78. There was again a 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 u/s 14(l)(a) of 'the Act. The appellant was not given the benefit of the provisions in S. 14(2) and 15(6) of the Act because of the defaults in depositing the rent for the months of Nov. 1977 and April, 1979. Relying on the decision of the Supreme Court in Delhi Cloth Mills vs Hem CAW AIR 1977 SC 1986 the Tribunal dismissed the appeal on 18.2.82.