TULSI BAI Vs. J R PARSHAD

JUDGEMENT

(1.) The appellant in this case Smt. Tuisi Bai obtained an order of eviction against the respondent Shri J. R. Pershad, from her house situated in Nawabganj, Delhi, on the ground of non-payment of rent. The property was situated in slum area and so the appellant made an application to the Competent Authority under the Slum Areas (Improvement and Clearance) Act, 1935 to get necessary permission for execution of .the eviction order. On that application the order that was passed was that a sum of Rs. 325.00 was outstanding against the tenant by way of rent who shall pay Rs. 50.00 to the "landlady" on or before 15th of each month on account of arrears of rent as well as future rent ; in case of any default the tenant shall be liable to eviction ; no formal permission will be required in case of default and the permission as contemplated by section 19 of the Act shall be deemed to have been granted in case the tenant committed any default in payment of the instalments as aforesaid and the first payment shall be made on or before 15th September, 1963. It was further directed that payments will be made to the "landlady" direct against receipt or by money older.

(2.) It appears that the tenant committed default in paying the instalments fixed by the said order in asmuch as no rent was paid in September, 1963 to the appellant who on 4th October, 1963 moved an execution application to get possession. The tenant filed a reply dated 17th October, 1963 on receipt of notice of the execution application in which the default was admitted but it was pleaded that the default was occasioned on account of the appellant refusing to take the rent in cast t spite of the same being offered. It was further pleaded by the tenant that the previous order by the Slum Authority was a conditional order and as there was no clear order granting permission for eviction the execution application was incompetent. Before this execution application could be decided, on 16th March, 1964 the appellant moved another application before the slum Authority for passing a final order granting permission to evict the tenant of which notice was issued to the tenant by the Slum Authority. The tenant, in those proceedings, objected to permission being granted whereupon the following order was passed by the Slum Authority : "The respondent has filed objections and a copy of it has been supplied to the petitioner. The respondent has shown me treasury challans and receipts for having made the following payments : 1. Rs. 150.00 on 29th October, 1963. 2. Rs. 50.00 December, 1963. 3. Rs. 50.00 January, 1964. 4. Rs. 50.00 7th February, 1964. 5. Rs. 50.00 18th March, 1964 This proves that the respondent is making payment regularly. No further action in this case is called for and it may be consigned to recor room."

(3.) This last order of the Slum Authority was brought to the notice of the executing Court which held that since permission has been refused, execution of the eviction order could not be ordered. The landlady went up in appeal to the Rent Control Tribunal which by its order dated 2nd January, 1965 upheld the decision of the Controller. Aggrieved by this order the landlady has appealed to this Court.