( 1 ) THIS appeal under Section 39 of the Delhi Rent Control, Act, 1985 (for short the Act) is directed against the judgment and order dated 1st March, 1980 of the Rent Control Tribunal confirming the order dated 19th March, 1979 of the Additional Rent Controller passing an order of eviction under Section 14 (l) (a) of the Act against the appellants.

( 2 ) THE brief facts are : The appellants M/s. H. M. Doyal Co. were tenants in shop No. 5394, Light Building, 58, G. B. Road, Delhi on a monthly rent of Rs. 27. 50 besides other charges. Shri R. N. Chitkara, respondent No. 1 purchased the property by means of a sale deed dated ll th August, 1964, Respondent No. 1 has alleged that in September, 1972 he filed a petition for eviction of the appellants and respondent No. 2 Ram Lal on various grounds including the ground of non-payment of rent. He had alleged in the previous eviction petition that the appellants were in arrears of rent from ;st June, 1971 and they neither paid nor tendered the arrears of rent within two months of the service of a notice of demand, that an order under Section 15 (1) of the Act directing the appellants to deposit rent from 1st June, 1971 was