( 1 ) THE question for decision in this second appeal is : What is the effect of an order passed under section 15 (1) of the Delhi Rent Control Act, 1958 (hereinafter referred to as "the Act") in an eviction petition if the tenant had already enjoyed the benefit under section 14 (2) of the Act in the previous eviction petition ?

( 2 ) BRIEFLY the facts are that the respondent-landlady filed a petition on 12th August, 1976 under section 14 (l) (a) of the Act claiming eviction of the appellant on the ground that he had failed to pay arrears of rent due from him for the period from 1st April, 1975 at Rs. 43. 00 per month inspite of notice of demand. After trial Shri M. A. Khan, Additional Rent Controller passed a conditional order of eviction dated 29th October, 1976 in case No. E-445 on 1976 against the appellant directing him to deposit all arrears of rent for the period from 1st April, 1975 at Rs. 43. 00 per month within one month from the date of the order and in case of such deposit he would be deemed to have enjoyed the benefit under Section 14 (2) of the Act and the eviction petition would stand dismissed. It is admitted by the partics that the appellant deposit