RAJENDER PAL Vs. JASBIR SINGH

JUDGEMENT

(1.) SMT . Karmawali owned property bearing No. 7293, Ram Nagar, Qutab Road, Pahargani, New Delhi and a portion of this property on the ground floor was let out by her to the respondent in July, 1973. Smt. Karmawali filed a petition under Section 14(1)(a) of the Delhi Rent Control Act for eviction of the respondent on the ground that the respondent had neither tendered nor paid arrears of rent w.e.f. 1st December, 1976 within two months of the service of the notice given of the respondent to that effect. Smt. Karmawali contended that though the rent agreed to between the parties was Rs. 125/- which the respondent had been playing for about two years he stopped making payment from 1st December, 1976. A demand notice was sent to the respondent on 5th February, 1977. However, inspite of the demand made by Smt. Karmawali the respondent failed to pay the arrears and, therefore, she was entitled to get eviction of the respondent on the ground of non-payment of rent.

(2.) IN reply to the eviction petition the respondent disputed the rate of rent and alleged that the agreed rent was Rs. 62.50 only and that on 28th February, 1978 i.e. within two months of the receipt of the notice of demand he had paid Rs. 2,125/- out of which Rs. 2,000/- was paid towards advance to be adjusted against the rent for the month of February onwards and Rs. 125/- was towards arrears of rent for the month of December, 1976 and January, 1977.

(3.) THE appellants have challenged this judgment of the Rent Control Tribunal dated 6th November, 1984 in this second appeal.