HGRILAL Vs. TEK CHAND

JUDGEMENT

(1.) Shri Hori Lal has approached the Court on second appeal under section 39 of the Delhi Rent Control Act No. 59 of 1958 from the order of the Rent Control Tribunal dated 20th August 1964 dismissing the appellant's appeal from the order of the Rent Controller dated 20th January 1964 granting to Tek Chand (respondent in this Court) his prayer for recovery of possession of the premises in dispute against the appellant.

(2.) It is necessary at this stage to go back to 19th September 1963 when in Tek Chand's petition for ejectment of Hori Lal it was observed by the Rent Controller that admittedly Hori Lal was in possession of theseremises. In the order, the Rent Controller then proceeded to observe as follows :-

(3.) From this order an appeal was preferred by Hori Lal and the Rent Control Tribunal by an order dated 17th December 1963 affirmed the Rent Controller's order, but in view of the time fixed for depositing the rent having elapsed, directed the appellant-tenant to deposit the arrears of rent from 23rd July l961 up to date at the interim rate of Rs. 10.00 p. m. within one month from 17th December 1963 and also to deposit future rent month by month at the same rate by the 15th of each following month. In the course of the order, it was observed :-