TIRLOK CHAND Vs. RAM KISHAN DASS

JUDGEMENT

(1.) THIS second appeal filed by Tirlok Chand, a tenant of the shops in dispute, is directed against the order of the learned Rent Control Tribunal affirming on appeal the order of the Rent Controller directing the ejectment of the Appellant from the shops in dispute.

(2.) THE brief facts of the present case are that the Appellant is occupying the shops in dispute as a tenant of the Respondent on a monthly rent of Rs. 63. The Respondent filed an application on 13th December, 1961, under Section 14 of the Delhi Rent Control Act 59 of 1958 (hereinafter referred to as the Act) for ejectment of the Appellant from the shops in dispute on the ground that in spite of a notice of demand the Appellant, had not paid the rent amounting to Rs. 945 for the period from 1st September, 1960 till 30th November, 1961. Some other grounds of ejectment were also mentioned but we are not concerned with them now.

(3.) AT the hearing of the second appeal it has not been disputed that a previous petition was filed by the Respondent for ejectment of the Appellant from the premises in dispute and in those proceedings the Appellant availed of the benefit of the provisions of Sub -section (2) of Section 14 read with Sub -section (1) of Section 15 of the Act by depositing the arrears of rent with the result that the aforesaid petition was dismissed. It is, however, argued by Mr. Kapur, learned Counsel for the Appellant, that the mere fact of the Appellant having once availed of the benefit of the provisions of Sub -section (2) of Section 14 would not prevent his claiming the benefit of that Sub -section over again in the present proceedings. The Controller, it is urged, made an error in not allowing the Appellant to pay or deposit the rent in accordance with Sub -section (1) of Section 15 of the Act in spite of the application of the Appellant for that purpose. This contention, in my opinion, is devoid of force. Clause (a) of the proviso to Sub -section (1) of Section 14 of the Act provides that the Controller may order the ejectment of the tenant, who has neither paid nor tendered the whole of the arrears of rent legally recoverable from him within two months of the date of the notice of demand for arrears of rent, and reads as under: