B R MEHTA Vs. ATMA DEVI

JUDGEMENT

(1.) An important question of law which has arisen in this appeal is whether the Rent Controller can pass a composite order digposing of the petition for eviction under Section 14(1) (a) read with Sections 14(2) and 15(1) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act').

(2.) Briefly stated, the facts are that the appellant is a tenant of the ground floor of House No. 2/14, Kalkaji Extension, New Delhi. The said premises were taken on rent at Rs. 340.00 per month from the respondent, who is the landlady and owner of the premises in question.

(3.) On 12th July, 1977 the respondent filed a petition for eviction of the appellant on the ground of bona tide requirement and also on account of non-payment of arrears of rent amounting to Rs. 3100- upto30th June, 1977. The appellant-tenant claimed that he had spent some money on carrying out the repairs and white washing of tile premises in question. By an mterim older dated 19th April, 1978 passed under Section 15(3) of the Act, the Additional Rent Controller, Delhi directed the deposit of the arrears of rent from 1.10.76 to 31.3.78 after allowing adjustment of Rs. 2961 07 being the amount spent by the appellant on account of repairs and while washing of the premises inquestion. The amount ordered to be paid vide order dated 19th April, 1978 after allowing adjustment of Rs. 2961.07 was deposited by the appellant on 16.5.1978.