DHAN SINGH Vs. BHAGWAN

JUDGEMENT

(1.) The present appeal is directed against the judgment dated April 16, 1986 of Rent Control Tribunal, Delhi. The learned judge set aside the judgment dated 21st December, 1985 of Additional Rent Controller, Delhi.

(2.) The respondent/landlord filed a petition under Section 14(1)(a) of the Delhi Rent Control Act (hereinafter referred to as 'the Act') on September 1, 1983 wherein it was averred that the respondent was the owner/landlord in respect of one shop in property No.794A/6, Gali Doodhwali, Mehrauli on the allegation that the appellant/ tenant had never paid nor tendered the arrears of rent at the rate of Rs.30.00 per month with effect from July 1, 1982 despite service of notice of demand dated 31st May, 1983. The prayer for eviction, as a consequence, was made. The appellant admitted the relationship of landlord and tenant and it was contended that he tendered rent for the month of May, 1982 by money order as the respondent/landlord was not issuing receipts. The amount of the said money order was refused by the respondent. Thereafter the appellant started depositing the rent in the Court and right upto 31st March, 1984 the rent was deposited in various courts under Section 27 of the Act. It was, therefore, prayed that the petition of the respondent be dismissed.

(3.) The Additional Rent Controller appraised the evidence on record with regard to the deposit made by the appellant on different dates. The respondent also admitted that the rent from 1st July, 1983 to 31st October, 1983 was deposited under the provisions of Section 27 of the Act in the court of Shri Ajit Bharioke, Additional Rent Controller, Delhi. The appellant further contended that he deposited the rent for the period November 1, 1983 to 29th February,1984 in the courts of Shri D.K.Saini and Shri B.B.Chaudhry, Additional Rent Controllers, Delhi. The notice of demand dated May 31, 1983 indicated that the respondent demanded the rent with effect from July, 1982 from the appellant. The appellant placed on record the money order coupon vide which he sent the rent for the month of November, 1981 and the same was refused by the respondent. He also placed on record the money order coupon by which the rent for the months of July and August, 1982 was sent to the respondent and he refused to accept the same on 10th August, 1982. The Rent Controller took these facts into consideration and came to a firm finding that the respondent had been refusing to accept the arrears of rent sent by the appellant without any reasonable excuse. Reply to the demand notice was sent by the appellant on 9th June, 1983 within the statutory period of two months from the date of demand notice wherein it was mentioned that the rent for the month of May, 1982 was refused by the respondent and thereafter the rent with effect from 1st June, 1982 onwards had been deposited by the respondent in the court of Shri O.P.Gogne, A.R.C. and the respondent was at liberty to withdraw the same. This was in pursuance to the provisions under Section 27 of the Act. The original challans were produced by the appellant for rent from 1st June, 1982 to 31st August, 1982 and deposited in the said court. Similarly, rent for the remaining period was also deposited. The Controller in this background held that the appellant had been tendering rent to the respondent through money orders and the respondent had been refusing the same on one pretext or the other. In these circumstances, the appellant had no option than to deposit the rent under the provisions of Section 27 of the Act and inform the petitioner regarding the same. There fore, it was held that the rent due was deposited within the period of two months of the demand notice and this amounted to a valid tender to the respondent. The petition, as a consequence, was dismissed.