Reva Khetrapal, J.

1. This appeal is directed against the judgment and decree dated 23rd May, 2007 passed by the learned Additional District Judge in a suit for ejectment, recovery of mesne profits and permanent injunction filed by the respondent against the appellant herein.

2. The facts as they emerge from the record are that the appellant was inducted as a tenant under the respondent with respect to one big hall, one office room and one WC, all measuring 900 sq. ft. with a common passage on the second floor of property No. F-14/15, Connaught Place, New Delhi of the respondent. The said premises were let out by the respondent to the appellant by an agreement dated 1st December, 1976, whereunder the appellant had agreed to pay rent to the respondent at the rate of Rs. 2,700/- p.m. for the first three years and at the rate of Rs. 3,240/- p.m. for the next two years and at the rate of Rs. 3,780/- p.m. to the respondent after five years of 01.12.1976, i.e., with effect from 01.12.1981.

3. On or about 29th November, 1983, the appellant instituted a petition in the Court of the Rent Controller, Delhi under Sections 6 and 9 of the Delhi Rent Control Act, 1958 against the respondent, inter alia, for the determination of the standard rent of the suit premises. In the said petition, the appellant in para 11 against the column "Monthly rent together with details of House-Tax, Electricity, Water and other charges paid by the tenant" stated: "Rs. 3,780/- P.M. exclusive of water and electricity charges". The said petition for determination of standard rent filed by the appellant against the respondent remained pending till 1st September, 1997 when the same was dismissed as withdrawn.

4. In the meanwhile, on account of the fact that the appellant had stopped payment of rent in spite of a notice of demand, the respondent herein, in or about the year 1984, instituted a petition for eviction of the appellant from the aforesaid premises under Section 14(1)(a) of the Delhi Rent Control Act, 1958. It was, inter alia, stated in the said petition that the rent of the premises was Rs. 3,780/- p.m. and that initially the premises were let out by the respondent to the appellant by an agreement dated 01.12.1976 as per which the rent was Rs. 2,700/- p.m. for the first three years, Rs. 3,240/- p.m. for the next following two years and Rs. 3,780/- p.m. for the following two years. It was further stated in the petition that the appellant, who was paying a rent of Rs. 3,780/- p.m. to the respondent with effect from 01.12.1981, had stopped paying the rent with effect from 1st September, 1982.

5. The appellant filed a written statement/reply to the aforesaid petition for eviction filed by the respondent, in which the appellant did not dispute the agreement of 01.12.1976 and the agreement with the respondent to pay rent at Rs. 2,700/-, Rs. 3,240/- and Rs. 3,780/- p.m. as aforesaid, but alleged that there was a prohibition under Section 4 of the Delhi Rent Control Act to the periodical increase of rent in such manner.

6. The aforesaid petition for eviction filed by the respondent against the appellant was decided by the Court of the Additional Rent Controller by order dated 7th March, 1999, in which it was, inter alia, held that the appellant was liable to pay rent at the rate of Rs. 3,780/- p.m. which he had agreed to pay and in fact paid for one year since December, 1981. The learned Additional Rent Controller also held the appellant to be in default of payment of rent and being a case of first default, gave a liberty to the appellant to pay the arrears of rent.

7. The appellant preferred an appeal from the aforesaid order to the Rent Control Tribunal, Delhi, which was decided by the order dated 6th December, 2003. The Tribunal, inter alia, held that on the date of the issuance of the notice of demand by the respondent to the appellant, there was no rent due from the appellant to the respondent and for the aforesaid reason the order of the Additional Rent C