PREM CHAND VERMA Vs. VIMAL CHAND JAIN

JUDGEMENT

(1.) With the consent of learned Counsel for both the parties I have heard the main petition on merits since only a short point is involved.

(2.) . Briefly the facts are that the premises was let out on 1/11/1988 to the petitioner herein at a monthly rent of Rs. 2000.00. A sum of Rs. 33,000.00 was given as security deposit by the tenant to the landlord. The landlord issued a notice of demand on 1/8/1989 claiming arrears of rent with effect from 1/2/1989. The eviction petition was filed on 31/10/1990 under clause (a) of the proviso to Sub- section (1) of Section 14 of the Delhi Rent Control Act (hereinafter referred to as the Act). An order under Section 15(1) of the Act was passed on 28/4/1992 directing led appeals against the said order before Rent Control Tribunal. The landlord's appeal was allowed on 30/1/1993 and the tenant was directed to pay or deposit arrears of rent with effect from 1 /2/1989 in stead of 1 /8/1989 as directed by the Additional Rent Controller. The appeal of the tenant was dismissed. The tenant challenged the said order further in this Court byway of a petition under Article 227 of the Constitution of India which was dismissed on 30/12/1993.

(3.) In the meanwhile the defence of the tenant was struck off by the Additional Rent Controller on 14/1 /1993. Appeal against the said order was dismissed by the Rent Control Tribunal on 11/3/1993. A petition on behalf of the tenant further challenging the said order in this Court met the same fate. Ultimately the eviction order was passed on merits against the tenant on 29/9/1993. The Rent Control Tribunal dismissed the tenant's appeal against the said eviction order on 10/12/ 1993. The present petition under Art. 227 of the Constitution of India is directed against the said order of the Rent Control Tribunal.