JUDGMENT

Tarun Chatterjee, J.—

1. Leave granted.

2. This appeal is directed against an order dated 12th of December, 2007 passed by a learned Judge of the High Court of Delhi at New Delhi in Civil Misc. (Main) No. 1103 of 2007, reversing the order dated 11th of July, 2007 passed by the Additional Rent Control Tribunal, Delhi in RCA No. 33 of 2007 direction eviction of the respondent from premises being no. 18/15, Mandir Wali Gali, Yusuf Sarai, New Delhi - 110 016 (in short, “the suit premises”) under Section 14(1)(a) read with Section 14(2) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the “Act”).

3. Before we proceed further, it may be noted at the threshold that this is a case of second default and the respondent having once availed the benefit under Section 14(2) of the Act is not entitled to such benefit in case if it is held to be a second default.

4. The facts are not in dispute. The respondent is a tenant in respect of the suit premises. As noted herein earlier, it is not disputed that the respondent has already availed of the benefit of Section 14(2) read with Section 15 of the Act pursuant to an order dated 3rd of December, 2001 passed by the Additional R