AVADH BEHARI ROHTAGI, J.

( 1 ) PRITAM Lal, appellant, ^ a tenant of a house owned by the respondent landlady Shrimati Anand Kaur. Tlie agreed rate of rent was Rs. 15. 00 per month. The Lcnant did not pay rent from June 1, 1973 to May 31, 1974.

( 2 ) ON June 6, 1974, the landlady brought an eviction case ^i^. ^nsf the tenant. The sole ground on which the ejectment of the . . lant was sought was non-payment of rent. In the ejectment petit i it was said that the tenant had committeed default once in tl^ ^ast and as a result of which an application for his eviction was filed and the court made an order under s. 15 (1) of the Delhi Rent Control Act (the Act) directing him to deposit rent which he did. The default in the payment of rent from June 1973 to May 1974 was said to be a second default.

( 3 ) BEFORE the petition was filed by the landlady on December 14, 1973, she served a notice on the tenant. In the notice she wrote to the tenant as follows :

REGISTERED A. D. From Shrimati Anand Kaur E-130, Kalkaji Colony, New Delhi-19. Date the 14th December, 1973. Shri Prilam Lal, A-54, Double Storey. kalkaji. New Delhi-110019 Dear Sir. Please note that your contractual tenancy in respect of

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