Judgment

JUDGMENT - Special leave in S.L.P. (C) No. 4105/89 granted. The two appeals arise out of the common judgment dated 28th November, 1988 of the High Court of Delhi in S.A.O. Nos. 374 and 375 of 1978 (reported in 1989 Rajdhani LR 61). The appeals before the High Court those out of proceedings for eviction under the Delhi Rent Control Act, 1958 (for short the Act) pertaining to shop No. 29/ 3943, Rehgarpura, Karol Bagh, New Delhi.

2. The eviction proceedings commenced as far back as in the year 1972. The respondent Bhagwanti Devi is admittedly the house-owner. And a certain Chaman Lal was the original tenant on a monthly rent of Rs. 58.44p. According to the Respondents, after the death of Chaman Lal on 11th January, 1965, his elder son Sushil Kumar continued as tenant and there having been a default in payment of rents, respondents instituted Eviction Petition No. 667 of 1972 under S. 14(1)(a). It would appear that in hose proceedings Sushil Kumar tendered the arrears of rent and relief against forfeiture having been granted the eviction petition came to an end.

3. Thereafter, in the year 1975 the respondents alleging a repetition of default in he payment of rents instituted a fr