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1996 Supreme(SC) 391

S.SAGHIR AHMAD, K.RAMASWAMY, G.B.PATTANAIK
Jain Motor Car Company, Delhi – Appellant
Versus
Swayam Prabha Jain – Respondent


JUDGMENT

S. Saghir Ahmad, J.-These are tenant s appeals.

2. Prem Chand Jain, who is since dead and is now represented by respondent No. 1, had filed a petition before the Rent Controller, Delhi, for the eviction of the appellant from the premises No. XI/4239-A, Raj Kishan, Jain Street, Municipal Ward No. XI, Darya Ganj, Delhi, on the ground of deault in payment of rent and sub-letting. This petition came to be tried by the Additional Rent Controller, Delhi, who passed an order on 24th March, 1971 under Section 15(1) of the Delhi Rent Control Act, 1958 (for short, the Act ) requiring the appellant to deposit all the arrears of rent due for the period from 1.6.1970 within one month from the date of the order and to deposit the future rent also at the rate of Rs. 200/- p.m., every month by the 15th of each succeeding month after adjusting an amount of Rs. 800/- which, admittedly, was received by Prem Chand Jain as part of the arrears of rent.

3. While the proceedings were pending before the Additional Rent Controller, Delhi, Sh. Prem Chand Jain made an application dated 22.3.1972 under Section 15(7) of the Act for striking out the defence of the appellant on the ground that the appellan








































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