SHITAL PARSHAD Vs. MOHAN LAL

JUDGEMENT

(1.) The relevant facts for the decision of this second appeal are these : The appellant Shital Parshad is a tenant of premises described as 307/2 Mohalla Ram Nagar, Gandhi Nagar, at a rent of Rs. 46.00 per month under Mohan Lal. On 13th September 1973 the landlord served a notice on the tenant demanding the arrears of rent since 1st July 1973. On 16th November 1973 grounds : (a) non-filled an application for the eviction of the tenant on the landlord payment of arrears of rent and (b) that he required the premises bonafide for his own occupations.

(2.) The tenant in reply controverted the allegations of the landlord. The tenant pleaded that the rent for July 1973 was paid to the landlord but he refused to issue the receipt inspite of registered notice dated 7th September 1973. The tenant further pleaded that he had tendered the rent for the months of August, September and October 1973 to the landlord but the landlord refused to accept the rent. The tenant further denied that the landlord required the premises bonafide for his own occupation.

(3.) On 27th November 1974 the question of making anorder under Section 15(1) of the Delhi Rent Control Act (hereinafter, for the sake of brevity, called "the Act") came up for consideration before the Additional Rent Controller but he deferred the matter till after the parties produce evidence.