J.C. SHAH, J.

(1) MAN Mohan Chawla was since before 1958 a tenant of certain premises in Delhi belonging to J. S. Sethi. The contractual rent of the premises was Rs. 160.00 per month. Sethi filed a petition under Section 14(1) of the Delhi Rent Control Act, 1958 for an order in ejectment against Chawla on the plea that the latter had committed default in paying rent for seven months consecutively pursuent to a direction of the Rent Controller, Chawla deposited the rent claimed, and the amount deposited was paid over to Sethi and the proceeding was disposed of.

(2) CHAWLA again committed default for three consecutive months, and Sethi commenced another proceeding under Section 14(1) of the Delhi Rent Control Act for an order in ejectment. Chawla denied the claim that he had committed default in payment of rent. He pleaded that he had on 19/03/1963 sent to Sethi Rs. 320.00 by a postal money order which Sethi had refused to accept. Sethi denied that a money order sent by Chawla was brought to him by the postal peon. Chawla also pleaded that the contractual rent was excessive and that the rent of the premises let to him could not exceed Rs. 50.00 per month and prayed that