V. S. Deshpande. J.

( 1 ) THIS is a landlord s second appeal against the decision of the Rent Control Tribunal dismissing his application for the eviction of the respondent tenant and reversing the order of the Rent Controller who had ordered the eviction of the tenant on the ground of non-payment of arrears of rent under proviso (a) to section 14 (1) of the Delhi Rent Control Act, 1958, (hereinafter called the Act ).

( 2 ) THE landlord filed a petition for eviction of the tenant on the ground that the tenant had failed to pay the contractual rent of Rs. 35. 00 per month and that a notice of demand for the arrears of the rent had been given as required by proviso (a) to section 14 (1) of the Act.

( 3 ) THE tenant defended the petition on the ground that the contractual rent was only Rs. 30. 00 per month. He also prayed for the fixation of the standard rent.

( 4 ) AS the rate of the rent was disputed by the parties, the Rent Controller fixed the interim rent at Rs, 30. 00 per month under section 15 (3 ). and ordered the tenant to deposit the arrears of the rent as also the future rent at that rate. The tenant paid the arrears of the rent as ordered by the Rent Controller but delayed

Click Here to Read the rest of this document