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1973 Supreme(Del) 165

S.N.ANDLEY
CHAMBER OF COLOURS AND CHEMICALS PRIVATE LIMITED – Appellant
Versus
TRILOK CHAND JAIN – Respondent


Advocates Appeared:
B.J.NAYAR, C.L.CHAUDHRY, M.S.Vohra

S. N. ANDLEY, J.

( 1 ) IN this second appeal under section 39 of the Delhi Rent Control Act, 1958, the tenants are the appellants and the landlord is the respondent. On June 12, 1964, the respondent filed a petition for eviction of the appellants under the said Act on the ground of non-payment of rent, sub-letting and change of user. Admittedly, the contractual rent was Rs. 500. 00 per month. Since one of the grounds for eviction was non-payment of rent covered by clause (a) to the proviso to sub-section (1) of section 14 of the said Act, the Rent Controller, on September 16, 1964 passed an order as required by sub-section (1) of section 15 of the said Act, against the appellants to deposit arrears of rent amounting to Rs. 3,700. 00upto May 27, 1964 and then up to date rent at the rate of Rs. 300. 00 which was fixed as the interim rent within one month from that date and future rent at the same rate month by month by the 15th of each succeeding month. It was not disputed that the arrears of rent and the interim rent were deposited by the appellants upto April, 1966.

( 2 ) IN another proceeding between the parties for fixation of standard rent, the Controller by his order dated Apr












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