( 1 ) THE tenant had filed this appeal under Section 39 of the Delhi Rent Control Act (hereinafter referred to as the Act ) against the judgment dated July 5, 1980. of Shri V. S. Aggarwal, Rent Control Tribunal, Delhi, by which he allowed the appeal of the landlady-Smt. Prabha Rani and set aside the order of Shri J D. Kapoor, Rent Controller, Delhi, dated May 31,197), and had passed the eviction order against Chhanga Ram on the ground covered by clause (a) of sub-section (1) of Section 14 of the Act.

( 2 ) CHHANGA Ram-appellant died during the pendency of the appeal and his legal heirs have been brought on record in his place. It is admitted case that the tenant had enjoyed benefit of Section 14 (2) of the Act in the previous eviction case brought on the ground of non payment of rent. In the second eviction case the arrears of rent were due from the tenant with effect from September 1,1977, which the tenant is stated to have neither paid nor tendered within two months of the service of demand served by the landlady. The service of notice of demand also stands admitted. I may mention that a reply has been sent to the notice of demand which is Ex A5 in which the tenant to