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2002 Supreme(SC) 586

DORAISWAMY RAJU, N.S.HEGDE
Gopi Chand Gupta – Appellant
Versus
Jain Plastic Industry – Respondent


JUDGMENT

Santosh Hegde, J.-Leave granted.

2. The appellant-landlord has preferred this appeal against the judgment and order of the High Court of Delhi in S.A.O. No. 9 of 2000 dated 15th of May, 2000 whereby the High Court allowed the appeal filed by the respondent-tenant against the order of eviction made by the Additional Rent Controller, Delhi as confirmed by the Rent Control Tribunal, Delhi.

3. The Additional Rent Controller by her order dated 8.9.1998 allowed a petition filed by the landlord under Section 14(1)(a) of the Delhi Rent Control Act (the Act ) in regard to the schedule premises on the ground that the respondent-tenant has neither paid nor tendered the legally recoverable rent within two months of the date on which a notice of demand for the arrears of rent has been served on the tenant. The defence of the tenant that there was no arrears was not accepted by the Rent Controller, as also the contention put forth by the tenant that he had legally tendered whatever rent that was payable by way of a cheque dated 4.1.1979.

4. The appeal filed by the tenant against the said order of the Rent Control Court came to be dismissed by the Rent Control Tribunal as per its order dat













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