BANARASI DASS Vs. BINDRA BAN GUPTA

JUDGEMENT

(1.) This second appeal by the appellants/tenants is against the order dated 13.7.1995, of the Rent Control Tribunal. The Tribunal accepted the appeal of the respondent/landlord and directed the defence of the appellants/tenants to be struck out under Section 15(7) of the Delhi Rent Control Act, hereinafter referred to as the "Act". The Rent Control Tribunal reached the conclusion that the appellants had flouted the orders of the Additional Rent Controller (A.R.C.). The appellants' action in preferring an application before the A.R.C. for extension of time to deposit.and for payment in instalments, just two days before the expiry of the stipulated period was taken as manifestation of the intention of not complying with the orders. Non deposit even after the respondent had moved an application for striking out the defence, was taken as indicative of the deliberate, -wilful and contumacious non-compliance with the order under Section 15(1) of the Act.

(2.) The relevant facts giving rise to the present appeal maybe noted :

(3.) It is pertinent to notice that the appellants in pursuance to the order dated 17.10.1989, had deposited the entire arrears of rent in terms thereof. However, the appellants upon the order dated 21.3.199U, being passed by the Rent Control Tribunal, applied for and withdrew the amount deposited by them in excess of Rs. 450.00 per month in terms of order dated 17.10.1989.