( 1 ) THE question for decision in this second appeal Under Section 39 of the Delhi Rent Control Act, 1958 (hereinafter referred to as the Act ) is : Whether the tenant is entitled to benefit under Section 14 (2) of the Act if he deposits only the arrears of rent and not future monthly rent by the 15th of the succeeding month in pursuance of an order of the Controller passed under Section 15 of the Act ?

( 2 ) BRIEFLY the facts are that Shri Prem Chand Jain predecessor of respondent No. I on 20th January, 1971 filed an application for eviction of the appellant-tenant Jain Motor-Car Company and Brij Behari Lal Jain, respondent No. 2 under Section 14 (l) (a) and (b) of the Act alleging that the appellant was a tenant in a portion of Municipal House No. XI/4239a, Raj Kishan Jain Street, I Ansari Road, Delhi on a monthly rent of Rs. 200. 00 besides water and electricity charges, that he had been in arrears of rent since 1st June, 1970 which he failed to pay in spite of a notice of demand dated 6th November, 1970 within two months of the service of notice of demand, that the notice of demand was served on 18th November, 1970, that the appellant paid Rs. 800. 00 by cheque on 21st November, 1970 and that the appellant had sublet, assigned or otherwise parted with possession of the whole of the suit premises to respondent No. 2 without obtaining his consent. The appellant denied the grounds of eviction. He pleaded that he paid Rs. 200. 00 by cheque on 5th December, 1970 and another sum of Rs. 290. 00 by another cheque dated 5th January 1971. He denied the ground of subletting. The Controller on 24th March, 1971 passed an order under Section 15 (1) of the Act requiring the appellant to deposit arrears of rent @ Rs. 200. 00 per month with effect from 1st June, 1970 upto date within one month from the date of the order after adjusting the amount of Rs. 800. 00 admittedly received by the landlord. The appellant was further directed to deposit future monthly rent at the rate of Rs. 200. 00 by the 15th of each succeeding month. An appeal was filed by the appellant challenging the said order under Section 15 (1) of the Act but it was dismissed on 21st January, 1972. The appellant deposited all arrears of rent as well as future monthly rent in accordance with the order dated 24th March, 1971 passed under Section 15 (1) of the Act excepting the rent for the month of February, 1972 which was deposited on 30th March, 1972. The landlord filed an application for striking off the defence of the appellant under Section 15 (7) of the Act. The Controller dismissed his application on 24th April, 1972 and the appeal was dismissed by the Tribunal on 19th April, 1973. The landlord therefore filea second appeal (S. A. O. No. 198 of 1973) in this court on 25th June, 1973 challenging the dismissal of his application under Section 15 (7) of the Act. The Additional Controller by his judgment and order dated 27th October, 1975 passed an order of eviction under Section 14 (l) (a) of the Act against the appellant but dismissed the landlord s prayer for eviction under Section 14 (l) (b) of the Act. The Additional Controller held that the appellant committed default in deposit of rent for the month of February, 1972 within the time prescribed under Section 15 (1) of the Act and therefore the appellant was liable to be evicted under Section 14 (l) (a) of the Act. The tenant filed an appeal before the Tribunal and the landlord filed cross objections. The appeal and the cross-objections were dismissed by the Tribunal by its judgment and order dated 20th March, 1978. The tenant filed this second appeal (S. A. O. No. 125 of 1978) in this court under Section 39 of the Act. The suit property was gifted on 5th August, 1978 to Smt. Swayam Prabha Jain. She was sub- stituted by order dated 29th November, 1979.

( 3 ) LEARNED counsel for the appellant submits that all arrears of rent in accordance with order dated 24th March, 1971 passed under Section 15 (1) of