( 1 ) THE respondent Kampa Wati filed an eviction petition against the appellant Chander Kishore Sharma under clause (a) of the proviso to Sub-section (1) of Section 14 of the Delhi Rent Control Act, 1958, on the ground of non-payment of rent. It appears that the tenant by 13-4-1976 had paid arrears of rent by money order to the tune of Rs. 495. 00 and had further deposited rent at various dates in the court to the tune of Rs. 2090. 00 by 31-1-1979.

( 2 ). The learned Additional Controller, however, made an order on 31-5-1979 under Section 15 (1) of the said Act which order was later on modified in appeal by the Rent Control Tribunal on 16-10-1979. The order read with the modification amounts to this that the tenant was required to pay within a month all the arrears of rent that were due by 31-5-1979 after the adjustment of the amount already paid as aforesaid. As a matter of fact, after excluding the amount permitted to be adjusted, there were no arrears to be paid on the date of the order of the Additional Controller made on 31-5-1979. Yet an execution application for eviction was made on the ground that the order of the Controller was not complied with inasmuch as