( 1 ) THIS is an appeal under Section 39 of the Delhi Rent Control Act, 1958 (hereinafter, called the Act ) by the landlord challenging the judgment and order dated November 17, 1976 of the Rent Control Tribunal, setting aside the orders for eviction of the respondent and striking out his defence passed by the Additional Controller. The Tribunal held that the defence was not liable to be struck out and that it was imperative for the Additional Controller to pass a fresh order under Section 15 (1) of the Act after determination of the disputes regarding the rate of rent and the period for which the arrears were due to the appellant-landlord.

( 2 ) THE appellant filed an application for eviction on the grounds covered by clauses (a) and (e) of the proviso to sub-section (1) of Section 14 of the Act. Subsequently the appellant gave up the ground of eviction covered by Section 14 (l) (e) of the Act. The appellant alleges that the respondent became a tenant under him from April 1, 19/2, that he neither paid nor tendered the arrears of rent for the period from April 1, 1972 at Rs. 50. 00 per month inspite of service of a notice of demand dated March 11, 1975. The respon