MANMOHAN CHAWLA Vs. JASWANT SINGH SETHI

JUDGEMENT

(1.) Second Appeal from the order of Shri C.G. Suri, Rent Control Tribunal, Delhi dated 31-8-66 affirming that of Shri Asa Singh Gill, Rent Controller, Delhi dated 21-10-1965.

(2.) This is a tenant's appeal against the order of eviction passed against him under proviso (a) to section 14 (1) of the Delhi Rent Control Act, 1958, (hereinafter called the Act), for non-payment of arrears of rent. The order was initially passed by the Rent Controller, Delhi and was confirmed in the first appeal by the Rent Control Tribunal. Hence this second appeal.

(3.) The appellant, Shri Chawla, was the tenant of the suit premises, of which the respondent, Shri Sethi, was the landlord. The agreed rate of rent was Rs. 160.00 per month. When the rent fell in arrears for the first time, Shri Sethi filed a petition (Exhibit A-20), for the eviction of Shri Chawla under proviso (a) to Section 14 (1) of the Act, claiming that the rent was in arrears from 1-6-1961 to 31-1-1962. In his reply, (Exhibit A-21), Shri Chawla pleaded that the rent was due not from l-6-1961,but from 1-8-1961. The Controller passed an order (Exhibit A-24) under Section 15(1) of the Act, ordering Shri Chawla to deposit the arrears of rent with effect from 1-7-1961 without prejudice to his contention regarding the payment of rent for July, 1961. The arrears were accordingly deposited by Shri Chawla and it was admitted by both the sides in both the lower Courts that in view of the said deposit, Shri Chawla was not evicted from the suit premises.