RAM KUMAR GUPTA Vs. DURGA DEVI

JUDGEMENT

(1.) The appellant filed an eviction petition against the predecessors-in-interest of the current respondents under Section 14(1)(a) of the Delhi Rent Control Act, 1958 (hereinafter to be referred to as, 'the said Act') in respect of the tenanted premises consisting of shop No. 4 in property bearing Municipal No. 2011, Gali No. 157, Ganeshpura 'A', Trinagar, Delhi " 110 035. The tenanted premises were let out by late Shri Kanshi Ram, father of the appellant, to late Shri Sanwal Dutt Vaid, husband of the deceased, to be used commercially for practicing Ayurvedic Medicine. The tenancy on the demise of the tenant devolved upon his widow and son, who have also since passed away. The respondents are the legal heirs.

(2.) The eviction proceedings filed on 10.07.1974 resulted in an adverse order dated 14.10.1974 against the tenants, but the tenants were given the benefit under Section 14(2) of the said Act.

(3.) The second round of litigation arose on account of a notice of demand sent by the appellant on 06.07.1987 for the rent alleged to be due for the months of April, May and June, 1987 @ Rs.17/- per month. There was stated to be no reply to the notice and the second proceedings under Section 14(1)(a) of the said Act were initiated on 24.09.1987. The legal notice and the A.D. card were duly proved as PW-1/2 and PW-1/3. The defence of the respondents is that on 21.07.1987, a money order for Rs.68/- was sent towards four months' rent, but was refused. Thereafter another money order was sent on 04.08.1987 for Rs.85/- for five months' rent since by that time one additional month's rent had become due. Even this money order was refused.