Avadh Behari Rohatgi

( 1 ) THIS is a tenant s appeal. The only question in this appeal is : "has the tenant enjoyed the benefit of Section 14 (2) of the Delhi Rent Control Act, 1958) the Act ?

( 2 ) ON March 15, 1976 the landlord Janak Raj, respondent issued a notice to the tenant Ved Rattan Bros , appellants in this case demanding arrears of rent from November 1965 to February, 1966 at the agreed rate of Rs. 200 per month in respect of the shop and court-yard which he had let to the tenant in April 1963.

( 3 ) ON May 16, 1976 the tenant made a reply to the notice. He complained that in November 1965 the landlord had forcibly occupied a portion of the demised permises and removed the tenant s goods therefrom. He said : "you have, therefor, become dis-entitled to the entire rent of the premises till vou restore possession".

( 4 ) ON May 21, 1976, the landlord filed an eviction petition on the ground that the tenant was in arrears and had not paid rent inspite of service of notice of demand onim. During the pendency of the eviction case the Additional Controller made an order undar Section 15 (1) of the Act requiring the tenant to deposit rent at the rate of Rs. 120. 00. Subsequently,

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