AVADH BEHARI ROHATGI, J

( 1 ) THIS is an appeal from the order of the rent control tribunal dated February 21, 1978.

( 2 ). Kanwar Hira Lal and Banarsi Dass were the sons of Bhola Nath. These two brothers had taken on rent a shop in main bazar Mehrauli. On September 30, 1974 their landlady, Smt. Mewa Devi, brought an application for ejectment against them. The sole ground of eviction was that the tenants had defaulted in the payment of rent a second time. It was alleged that inspite of notice of demand dated July II, 1974 the tenants did riot pay Rs. 152. 50 on account of arrears of rent from November 7, 1973 to September 17, 1974 at the rat,e of Rs. 14. 30 per month.

( 3 ). Earlier too a notice dated December 6, 1971 was served on the tenants. And when they did not pay rent an application for eviction was filed against them on July 31, 1972. In those proceedings the additional controller allowed them to deposit the rent and thus gave. them the benefit of section 14 (2) of the Delhi Rent Cental Act, 1958 (the Act ). After those proceedings were over the tenants again committed default in the payment of rent. This second default was the subject matter of these proceedings.

( 4 ). At

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