( 1 ) THIS is an appeal by the landlord Shri Tula Ram under section 39 of the Delhi Rent Control Act, 1958. The application for eviction in the present case was on the ground of non-payment of rent under section 14 (1) (a) of the said Act. Arrears of rent had been claimed with effect from 1st January, 1964, at the rate of Rs. 200. 00 per month. A notice of demand dated 4th August, 1964 was served on the tenant, Shri B. K. Aswani. According to the the landlord, this was acase of second default an J, hence no order under section 15 (1) of the Act was passed. It was claimed by the landlond that in a previous case the tenant had already taken the benefit of making a deposit under section 15 (1) of the Act and consequently failure to pay the rent in response to the notice of demand eatitled the landord to a decree for ejectment. This case was accepted by the Additional Rent Controller, who ordered the tenant s ejectment by the order dated 27th March, 1967.

( 2 ) THE tenant appealed to the Rent Control Tribunal, where it was held that in the previous case no benefit, had been taken under the provisions of section 15 (1) of the Act and, hence the present ejectment petition had