KANWAL RAJ SADANA Vs. D D SAIGAL

JUDGEMENT

(1.) This is a second appeal preferred by the tenant against an order of eviction dated 23rd January, 1992 passed against him by the Additional Rent Controller under clause (a) to the proviso to sub-section (1) of Section 14 of the Delhi Rent Control Act (hereinafter referred to as the 'Act') as the said eviction order was upheld by the Rent Control Tribunal vide its judgment dated 26th September, 1992 passed in an appeal preferred by the tenant.

(2.) Briefly the facts are that the appellant herein is a tenant under the respondent on a monthly rent of Rs.700.00 with respect to premises No.WH-40 Phase-I, Mayapuri Industrial Area, New Delhi. The premises were let out on 17th April, 1978. The rent of Rs.700.00 per month was exclusive of electricity charges which were payable by the tenant separately. The tenancy premises is a basement measuring 666 square feet covered area. The case of the landlord in the eviction petition was that the tenant was irregular in payment of rent and had failed to pay rent from 1st July, 1980 to 31st July, 1981 amounting to Rs.9100.00 inspite of notice of demand dated 29th May, 1981 sent to the tenant through registered A.D. post as well as under postal certificate. The eviction petition was filed in August, 1981.

(3.) The tenant contested the eviction petition on various grounds. He denied service of notice of demand. The case of the tenant was that he never refused to pay rent. It was further pleaded by the tenant that the landlord had disconnected electricity of the premises in dispute with effect from 20th September, 1980 resulting in huge loss of business of manufacturing which the tenant was carrying on in the premises. The tenant, therefore, claimed a right to recover damages from the landlord which he allegedly suffered on account of disconnection of electricity by the landlord. He also pleaded right of suspension of rent on account of the act of the landlord in disconnecting his electricity supply. The tenant also pleaded that a sum of Rs.3000.00 was laying as security deposit with the landlord for which he was entitled for adjustment.