Judgment

B.P. Singh, J.—This appeal by Special Leave impugns the judgment and order of the High Court of Delhi at New Delhi dated October 31, 2002 in CMM No. 800 of 2000. The High Court by its impugned judgment and order allowed the petition filed by the respondent/landlady and setting aside the judgment and orders of the Additional Rent Controller dated November 15, 1999 and the Rent Control Tribunal dated August 28, 2000 passed an order of eviction against the appellant herein. The High Court recorded a finding that the appellant/tenant had defaulted in payment of rent for the period February 1, 1992 to January 31, 1995. It may be noticed at the threshold that this is a case of second default, and the appellant having availed of the benefit under sub-section (1) of Section 14 of the Delhi Rent Control Act 1951 (hereinafter referred to as ‘the Act’) is not entitled to such benefit in case of second default.

2. The facts are not in dispute. The appellant is a tenant of the respondent and the rent presently payable for the premises is Rs. 56/- per month. There is no dispute with regard to payment of rent till January, 1991. According to the appellant he sent a money order remitting t