CHANDER PARKASH Vs. J B COMPANY

JUDGEMENT

(1.) These second appeals arise from the orders passed by the Rent Control Tribunal dated 30.03.1987 whereby the appeals filed by the respondent/landlord were allowed by a common judgment/order.

(2.) Two sets of appellants are tenants in respect of one room each on the ground floor of the premises no.4/8 WEA Karol Bagh New Delhi stated to be let out at a monthly rent of Rs 25 and 40 respectively besides electricity charges. The tenants were stated to be in arrears of rent from 01.04.1974 to 31.03.1977 and the respondent/landlord filed proceedings for eviction against the appellants herein under Section 14(1)(a) of the Delhi Rent Control Act, 1958 (herein after referred to as the said Act). The prerequisite for filing of the eviction proceedings being a notice of demand of the arrears of rent was stated to have been sent on 13.09.1976 through counsel. In this behalf, it may be added that the original landlord/petitioner was one Sh. Bakshish Singh and the respondent herein is stated to have purchased the property in pursuance to an agreement to sell dated 17.02.1984 resulting in a sale deed dated 25.02.1984.

(3.) In response to the averment in the original eviction petition about such a demand notice dated 13.09.1976 being sent, the stand of the appellants was that the said notice was received to which a reply had been sent. It was pleaded by the appellants that the occasion to pay the rent did not arise since there was no proper demand on behalf of the landlord.