Judgment

PUNCHHI, J.:- For the view we take in this appeal by special leave and leaning as we would be on our discretionary power under Art. 136 of the Constitution, no elaborate details are necessary of the facts involved therein and for its disposal by a brief order.

2. The appellant, Subhash Mehta, more than two decades ago obtained a residential lease of the first floor in premises bearing, No. D-32, South Extension, Part II, New Delhi from Dr. S. P. Choudhary (now dead) the landlord who was himself residing on the ground floor thereof. The settled rent was Rs. 800/- per mensem. The landlord on November 27, 1972 served a notice on the tenant demanding arrears of rent from September 1,1972 onwards. The demand having not been met he instituted an eviction petition before the Rent Controller, Delhi on March 13, 1973 on grounds of non-payment of rent as also on other grounds. On June 1, 1973 the Rent Controller passed an order under S. 15(1) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the Act) directing the tenant to deposit arrears of rent  within one month from the date of the order and further to pay month to month rent by the 15th of every calendar month. The