Judgment

CHANDRACHUD, CJI. :- The appellant is a tenant of the respondents in respect of one room in a house at Kamla Nagar, New Delhi. The rent of the room is Rs. 10/- per month. On March 19, 1967 the respondents filed an application for possession of the room on two grounds, one, that the appellant was in arrears of rent and two that they required the room bona fide for their own use and occupation. An order was passed by the Rent Controller in that proceeding under Section 14(2) read with Section 15(1) of the Delhi Rent Control Act 1958 (hereinafter called "the Act"), calling upon the appellant to pay or deposit the arrears of rent within one month. The appellant complied with that order, whereupon. on April 1, 1968 respondents withdrew the ejectment application, with liberty to file a fresh application. The reason stated by the respondents for withdrawing the application was that they had not given to the appellant a notice to quit under Section 106 of the Transfer of Property Act and that, therefore, the application was liable to fail for a formal defect.

2. Immediately thereafter, on April 7, 1968 respondents gave a notice to quit to the appellant, terminating his tenancy with