( 1 ) THE appellants are the tenants, since June 20, 1950, in the first floor of a house situated on Original Road, Karol Bagh, New Delhi, belonging to the respondent, landlady. The agreed rent was Rs. 325. 00 per mensem which they started paying to the landlady from the very beginning. They however, failed to pay the rent from April, 1962. On September 11, 1962 the respondent landlady filed her first application for the appellant s eviction on the ground of non-payment of rent in spite of notice of demand. The appellants in their written statement pleaded that the rent paid by them included house tax which the respondent could not recover under the law and was liable to refund to them. An order under section 15 (1) of the Delhi Rent Control Act, 1958, hereinafter called "the Act", was however passed by the Additional Controller directing the appellant tenants to deposit the arrears of rent with effect from April 1, 1962 onwards at the rate of Rs. 325. 00 per month without prejudice to their pleas. The appellant tenants appeal against the said order was dismissed. The arrears of rent were then deposited by the appellants in compliance with the aforesaid order. There wa