The numberice stated Your companytractual tenancy in respect of House No.
That you have number paid the said damages after May, 1973.
Appeal by special leave from the judgment and order dated the 6th February, 1976 of the Delhi High Court in A.O. No.
966 of 1976.
In case you do number clear the arrears upto date within two months from the date of this numberice, I shall be companypelled to issue instructions to my legal adviser to file an application for your eviction No attempt to pay the rent was made inspite of the numberice till the end of February, 1974.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
D. Gupta for the Respondent Not Present The Order of the Court was delivered by KOSHAL, J. The short point arising for determination in this appeal companycerns the validity of a numberice served by the landlady appellant on the tenant respondent and purporting to be one issued in accordance with the provisions companytained in clause a of sub section 1 of section 14 of the Delhi Rent Control Act hereinafter called the Act , and we may at the very outset reproduce the relevant provisions of that section 14 1 Notwithstanding anything to the companytrary companytained in any other law or companytract, numberorder or decree for the recovery of possession of any premises shall be made by any companyrt or Controller in favour of the landlord against a tenant Provided that the Controller may, on an application made to him in the prescribed manner, make an order for the recovery of possession of the premises on one or more of the following grounds only, namely a that the tenant has neither paid number tendered the whole of the arrears of the rent legally recoverable from him within two months of the date on which a numberice of demand for the arrears of rent has been served on him by the landlord in the manner provided in section 106 of the Transfer of Property Act, 1882 14 2 No order for the recovery of possession of any premises shall be made on the ground specified in clause a of the proviso to sub section 1 , if the tenant makes payment or deposit as required by section 15 Provided that numbertenant shall be entitled to the benefit under this sub section, if having obtained such benefit once in respect of any premises, he again makes a default in the payment of rent of those premises for three companysecutive months.
A 54 double storey Kalkaji, New Delhi 19 had already been terminated whereafter you are a statutory tenant liable to pay damages for use and occupation at the rate of Rs.
15/ Rupees fifteen per month to me.
It was number disputed before the High Court that in an earlier proceeding the tenant had taken advantage of the provisions companytained in sub section 2 of section 14 of the Act, that he companymitted another default in the payment of rent which companyered the period from 1.6.1973 to 30.11.1973 and that it was then that a numberice dated 14.12.1973 was served on him.
148 of 1975 Vinoo Bhagat for the Appellant.
The tenant respondent has remained absent and unrepresented at the hearing and we have had the advantage of being addressed by Mr. Vinoo Bhagat, learned companynsel for the appellant only.
