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1983 Supreme(Del) 339

AVADH BEHARI ROHATGI
SILVERTOE MANUFACTURING COMPANY OF INDIA – Appellant
Versus
USHA SOI – Respondent


A. B. Rohatgi, J.

( 1 ) THE landlady has sued the tenant for ejectment on the ground of non-payment of rent. By order dated 28th May, 1983 the Rent Control Tribunal has held that the appellant tenant made a default in depositing two months rent in pursuance of the order under Section 15 (1) of the Delhi Rent Control Act (the Act) passed against him on 5-9-1979. On this ground it has upheld the ejectment of the tenant ordered by the Rent Controller and dismissed and tenant s appeal. The tenant appeals to this Court.

( 2 ) IT is not in dispute that from the order dated 5-9-1979 under Section 15 (1) of the Act passed by the Controller the tenant appealed to the Tribunal. That appeal came before Mr. P. K. Bahri who was then the presiding officer of the Tribunal. At the time of the admission of the appeal on 6-10-1979 he directed the tenant to deposit within 15 days the entire arrears of rent "after adjusting two months rent for repairs". Subsequently the appeal was dismissed by the tribunal on 5-5-1980. By that time Mr. V. S. Aggarwal had succeeded to Mr. Bahri.

( 3 ) AT the time of the final decision of the ejectment application the Controller, Mrs. Kamal Inder, found that the tenan









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