( 1 ) RESPONDENT sued appellant for eviction on the ground of second default. An order U/s 15 (1) was passed which was complied with. His eviction was ordered and he filed first appeal and then second appeal claiming that he was not liable to eviction. ] Paras 6 and 7 of order are :-

( 2 ) THE admitted facts are that, an application had been filed by the respondent for eviction of the appellant on the the 2nd April, 1962 on the ground of non payment of rent. An order for the deposit of the arrears of rent was made in that application by the Additional Controller The appellant had complied with that order and had deposited the arrears of rent. As a result, the application of the respondent was dismissed. The respondent had filed the second application, out of which the present appeal has arisen, on 30-3-66. The Additional Controller had, on the 21-2-67 passed an order directing the appellant to deposit the arrears of rent. The appellant had filed an appeal against that order. The appeal was dismissed by the Tribunal on the 6-11-67. The appellant had, thereafter, deposited the arrears of rent and the amount so deposited was withdrawn by the respondent. The argument of a