( 1 ) THIS appeal under Section 39 of the Delhi Rent Control Act, 1958 is by the tenant. The appeal arises of an application for eviction brought on the ground of non-payment of rent. The landlord, Rai Singh Kain, has succeeded both before the Rent Controller as well as the Rent Control Tribunal. The decision has been given on the basis that the tenant, Shrimati Rama Gupta had previsously avoiled ejectment by depositing the rent in court, and hence she was not entitled to get that benefit again. In other words, the decision is based on the proviso to Section 14 (2) of the Act. The tenant has now appealed to this Court.

( 2 ). A very simple question arises for decision in this case namely : did the tenant get any benefit under Section 14 (2) of the Act in a previous eviction case based on the ground of non-payment of rent? The facts of the case may now be set out The previous application for eviction under the Act was" brought on the ground of non-payment of rent as well as on the ground of bonafide personal requirement. In those proceedings an order directing the deposit of arrears of rent was passed. The tenant contested the case on the ground that the standard ren