ABDUL RAZAK Vs. KALI CHARAN

JUDGEMENT

(1.) This second appeal filed under Section 39 of the Delhi Rent Control Act (hereinafter referred to as 'the Act') is against an order passed on 10.9.1991 by Shri O.P. Dwivedi, Rent Control Tribunal, Delhi dismissing appellant's appeal and thereby confirming an order passed on 1.4 1991 by Shri M.K. Gupta, Additional Rent Controller, Delhi ordering the appellant's eviction from the premises.

(2.) The tenant's eviction was sought by the respondent landlord under Section 14(1)(a) of the Act on the ground that he was a regular defaulter in the payment of rent since 1.3.1985. It was also claimed that the monthly rent payable by the tenant, excluding of other charges, was Rs.150.00. He had neither tendered, nor paid rent despite requests and a legal notice. This petition was preferred on 29.3.1988.

(3.) Tenant disputed the landlord's version and claimed that the agreed rate of rent was Rs.25.00 p.m. and in addition thereto Rs. 5.00 were being paid towards electricity charges for one bulb. On the ground of non-payment it was contended that the landlord wanted him to pay enhanced rent. On his refusal the landlord and his wife prevented the tenant from using the latrine, which he had been using for the last 25 years. He was also stopped from drawing water. The electricity supply was also disconnected. A suit for injunction was filed by him against the landlord in which the landlord made a statement but despite making statement the landlord and his wife had been creating troubles. He denied that he had not paid rent or that the rent was Rs.150.00 p.m. Rent, according to him, had been paid till 30.9.1987. Rent for the month of October, 1987 was sent by Money Order which was refused.