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1986 Supreme(Del) 62

G.C.JAIN
NIRMAL KAPUR – Appellant
Versus
SUSHILA DEVI JAIN – Respondent


Advocates Appeared:
AJIT SINGH, J.LAL

G. C. Jain, J.

( 1 ) THIS second appeal is directed against the order of the Rent Control Tribunal dated March 18, 1985.

( 2 ) ON April 14, 1980 Dr. P. L. Johar brought a petition for eviction of the appellant Smt. Nirmal Kapoor from the premises in dispute, i. e. a portion of property No. T-22 Green Park, New Delhi on the allegations that the said premises had been let out to the appellant on a monthly rent of Rs. 175. 00 on December 1, 1970 and a sum of Rs. 2875 was due towards rent for the period ending March, 1980 which the tenant had neither paid nor tendered within two months of the. service of the notice of demand.

( 3 ) THE tenant admitted the relationship of landlord and tenant between the parties. The agreed rate of rent was also not disputed. She, however, pleaded that only a sum of Rs. 2. 505. 00 was due towards rent upto March 31,1980.

( 4 ) ON October 13, 1980 the Additional Rent Controller made an order under Section 15 (1) of the Delhi Rent Control Act, 1958 (for short the Act ) directing the tenant to deposit a sum of Rs. 3,225. 00 towards rent upto May 1980 and further arrears from 1st June, 1980 to the end of the month previous to that in which deposit is made a

















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