1. The petitioner is aggrieved by an order dated 15th September 1998 passed by learned Rent Control Tribunal (RCT) whereby an appeal filed by the respondent against the order of learned Additional Rent Controller (ARC) dated 17th January 1998 was allowed and the eviction order passed by learned ARC was set aside.

2. Brief facts relevant for the purpose of deciding this petition are that that the tenant/respondent had suffered an order under Section 14(1) (a) of Delhi Rent Control Act (DRC Act), however, the eviction order was not passed against the tenant giving him benefit of Section 14(2) of the Act vide judgment dated 22nd January 1981 of the Court of RCT. This judgment became final as far as tenant was concerned, although the landlord was aggrieved by other part of the judgment and had preferred an appeal against that judgment. After this judgment, tenant again committed a default in payment of the rent and he failed to pay the rent from 1st January 1992 onwards. The landlord issued a demand notice dated 7th October 1992 calling upon the tenant that he was in arrears with effect from 1st January 1992 and he should pay and tender arrears @ Rs.80 per month with effect fr