RAM NARAIN KHANNA Vs. S ISHAR SINGH

JUDGEMENT

(1.) This appeal has been placed before the Division Bench in view of order of reference to a larger bench dated 6th October, 1972, passed by T. P. S. Chawla, J., and raises a question as to the procedure the Controller ought to follow before passing order under section 15 of the Delhi Rent Control Act (hereinafter referred to as "the Act").

(2.) The respondent-landlord instituted proceedings for eviction under the Act against the appellant, the tenant. One of the grounds on which eviction was sought was that the tenant was in arrears in the payment of the rent. The case of the respondent-landlord in the eviction application was that the construction of the premises in question was completed on 13-3-1964 and the appellant is the first tenant in the said premises and that the premises were let out on 27-4-1964. It was further averred that the tenant was irregular in paying the rent and he has not paid the rent regularly since 26-11-1967. After 26-11-1967, the appellant, on various dates, paid Rs. 3,235.00 and now a sum of Rs. 2,685.00 , being the rent uptil 25-7-1970, is due from the appellant to the respondent-landlord. The appellant had not paid the amount due in spite of the notice of demand.

(3.) The eviction petition itself was filed on or about 7th August,. 1970. It was also pleaded in the eviction application that a notice dated 19th May, 1970 was sent to the appellant but the same was received back on 25th May, 1970, the appellant having to accept the same.