(1.) This is an appeal by the heirs and legal representatives of a tenant against the order of the Rent Control Tribunal dated March 1, 1978, by which the order of the Additional Rent Controller passing an order of eviction was affirmed.
(2.) This appeal raises an interesting question of law. The relevant facts are these: the deceased Suraj Prakash was a tenant of the premises described as a shop situate in premises No. 115-A, Kamla Nagar at a monthly rent of Rs. 40. The landlord Prem Chand filed an application for the eviction of Suraj Prakash and Sham Sunder on two grounds (1) non-payment of arrears of rent and (2) misusers of the premises.
(3.) Suraj Prakash in reply asserted that he alone is the tenant and Sham Sunder has got no interest or right in the tenanted premises.. The above plea of the tenant was upheld and it is no longer in controversy. The plea of the landlord as regards the non-payment of the rent was that the tenant was in arrears of rent since October 1968 and inspite of the notice of demand had not paid the arrears of rent. The reply of the tenant to the above plea was that there was no valid notice of demand and that he had paid Rs. 500 in advance to the landlord and the landlord has not given credit for the said amount. It was also pleaded by the tenant that there was no valid notice for terminating the tenancy.