The words "rent legally recoverable" in Section 14(1)(a) of the Delhi Rent Control Act, 1958, refer to the time of service of the notice, not the time of filing the eviction petition.

( 1 ) THE petitioners filed an eviction petition on the grounds contained inclauses (a)and (j)of the proviso to Sub-section (l ) of Section 14 of the Delhi Rent Control Act (hereinafter REFERRED TO to as the Act) on 17th November, 1989 for eviction of the respondent from suit premises located at Premises No. 3474, Nicholson Road, Delhi. The premises had been let out to the respondent at a monthly rent of Rs. 170. 75p excluding water and electricity charges.

( 2 ) A notice dated 1st May, 1986 claiming the arrears of rent with effect from 1st August, 1985 had been duly served on the respondent through its Commissioner on 3rd May, I 986. Inspite of the service of the said notice the respondent had failed to pay the arrears of rent within two months. The eviction petition as already stated was filed on 17th November, 1989. It was stated in para 19 of the eviction petition that the permission of the Competent Authority under the Slum Areas (Improvement and Clearance) Act was obtained on 2nd February, 1989. A certified copy of the order of the Competent Authority granting permission to institute an eviction petition was filed alongwith the eviction petition.

( 3 ) THE tenant was duly served in the eviclion petition but was proceeded ex parte on 14th March, 1990 because it failed to appear. No written statement was even filed on behalf of the tenant. An order under Section 15 (1) of the Act was passed on 20th March, 1991 directing the respondent tenant to deposit arrears of rent at the rate of Rs. 170. 75p. per month w. e. f. 18th November, 1989 within one month of the said order. The tenant was further directed to continue to pay or deposit rent month by month by the 15th of each succeeding month. On 24th July, 1992 the respondent made an application before the Addl. Controller for setting aside the ex parte order. The application was dismissed on 29th July, 1994. The petitioner led their ex parte evidence on 30th August, 1994. The eviction petition was, however, dismissed by the Addl. Controller on 7th September, 1994. The appeal of the landlords before the also failed and was dismissed in limine on 28th November 1994. The Tribunal passed a speaking order while dismissing the appeal in limine. The present petition is directed against the decisions of the authorities below.

( 4 ) THE case of the petitioners for consideration in the present petition is about the decisions of the authorities below on Clause (a ). So far as the case of the petitioners on Clause (j) is concerned, the findings of the authorities below is not challenged by the landlords and, therefore, this Court need not go into that aspect atall.

( 5 ) THE eviction petition under Clause (a) was rejected by the authorities below on the ground that the same should have been filed within the period of limitation for recovery of arrears of rent. In the present case the arrears of rent sought to be recovered vide notice dated 1st May, 1986 were w. e. f. 1st August, 1985. The eviction petition was, however, filed on 17th February, 1989. On the said date the arrears of rent as claimed in the notice dated 1st May, 1986 had all become time barred and, therefore, the authorities below were of the view that the petition itself was not maintainable underclause (a) of the proviso to Sub-section (1) of Section 14 of the Act. In this connection it is worthwhile to reproduce Clause (a) which is as under:-

" (A) that the tenant has neither paid nor tendered the whole of the arrears of the rent legally recoverable from him within two months of the date on which a notice of demand for the arrears of rent has been served on him by the landlord in the manner provided in Section 106 of the Transfer of Property Act, 1962. "

( 6 ) IT would be seen from the above quoted provision that the words "rent legally recoverable" are used in the context of the notice which has to be served by the landlords. In other words the notice should be regarding arrears of rent which are legally recoverab