The facts are number in dispute.
Consequently, by order dated February 12, 1995 the petition under the Punjab Act was disposed of and the appellant was allowed to withdraw the amount deposited by him.
The respondent claimed enhancement of rent by 10 i.e. from Rs.50.75 per month to Rs.56/ per month.
The same was refused.
The appellant is a tenant of the respondent and the rent presently payable for the premises is Rs.56/ per month.
It is number in dispute that the arrears of rent so tendered excluded the rent for the period February 1, 1992 to January 31, 1995, which the appellant had deposited under the Punjab Act to which we have referred earlier.
Thereafter the appellant deposited rent for the period February, 1995 to July, 1996 under Section 27 of the Act.
The respondent preferred a petition under Article 227 of the Constitution of India which has been allowed by the impugned judgment and order dated October 31, 2002.
On January 1, 1998, the respondent filed an application for eviction of the appellant from the premises in question under Section 14 1 a of the Act before the Additional Rent Controller, Delhi.
The respondent called upon the appellant to pay the arrears of rent by issuance of numberice dated May 16, 1996.
The High Court recorded a finding that the appellant tenant had defaulted in payment of rent for the period February 1, 1992 to January 31, 1995.
The appellant expressed his willingness to pay the arrears of rent but sent with his reply a cheque for a sum of Rs.952/ only purporting to pay rent due for the period February, 1995 to June, 1996.
The case of the appellant is that in these circumstances in the month of January, 1995 he deposited the rent for the period February 1, 1992 to January 31, 1995 under the provisions of the Punjab Relief of Indebtedness Act, 1934, hereinafter referred to as the Punjab Act .
The Additional Rent Controller by his judgment and order of November 15, 1999 dismissed the Eviction Petition which was companyfirmed by the Rent Control Tribunal by its judgment and order of August 28, 2000.
This was deposited on July 20, 1996 by cheque for the sum of Rs.1008/ .
Thereafter, he sent a money order on March 29, 1993 tendering the rent for the period January 1, 1992 to April 30, 1993.
The money order sent on August 10, 1994 tendering the rent for the period February 1, 1992 to August 30, 1993 was again refused by the respondent.
According to the appellant he sent a money order remitting the rent payable for the month of February, 1992 on February 7, 1992 but the respondent refused to accept the same.
The respondent refused to receive the deposit made under the provisions of the said Act.
There is numberdispute with regard to payment of rent till January, 1991.
P. SINGH, J. This appeal by Special Leave impugns the judgment and order of the High Court of Delhi at New Delhi dated October 31, 2002 in CMM No.800 of 2000.
The High Court by its impugned judgment and order allowed the petition filed by the respondent landlady and setting aside the judgment and orders of the Additional Rent Controller dated November 15, 1999 and the Rent Control Tribunal dated August 28, 2000 passed an order of eviction against the appellant herein.
