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1980 Supreme(Del) 264

PRAKASH NARAIN, S.RANGANATHAN
B. P. N. SHRIVASTAVA – Appellant
Versus
POORI BAI – Respondent


Advocates Appeared:
J.K.SETH, M.C.Anand, MAEHSVAR DAYAL, R.L.TANDON, SHEBA GUPTA

Prakash Narain

( 1 ) A common question of law that arises for determination in the two appeals is the construction to be placed on the words,

"by the fifteenth of each succeeding month" in Section 15 (1) of the Delhi Rent Control Act, 1958, here in after referred to as the Act.

( 2 ) LN S. A. O No. l39 of 1973 the Rent Control Tribunal confirmed the order of the Rent Controller directing eviction of the tenant. The Rent Controller had, inter alia, held that in as much as the tenant had not complied with the order passed under Section 15 (3) of the Act, he was not entitled to the benefit of Section 14 (2) of the said Act. The Rent Control Tribunal had upheld that decision. The order under Section 15 (3) of the Act had been made by the Rent Controller on November 3, 1970 directing the tenant to deposit the arrears of rent at the rate of Rs. 175. 00 P. M. with effect from January 10, 1970 upto dale within one month of the order and to deposit future rent at the rate of Rs. 175. 00 P. M. , month by month by the fifteenth of each succeeding month. Admittedly, the tenancy in the case was a monthly tenancy commoncing from the 10th of the month to the 9th of the next month according to the B















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