The defence of the tenant that there was numberarrears was number accepted by the Rent Controller, as also the companytention put forth by the tenant that he had legally tendered whatever rent that was payable by way of a cheque dated 4.1.1979.
The Additional Rent Controller by her order dated 8.9.1998 allowed a petition filed by the landlord under Section 14 1 a of the Delhi Rent Control Act the Act in regard to the schedule premises on the ground that the respondent tenant has neither paid number tendered the legally recoverable rent within two months of the date on which a numberice of demand for the arrears of rent has been served on the tenant.
However, the High Court by the impugned order came to the companyclusion that the tenant having sent the cheque towards the rent due by him by registered post to the landlord has fulfilled his legal obligation of tendering the rent even though the said cheque was number delivered because the moment the tenant posted the said cheque it goes out of his companytrol and the responsibility to deliver the cheque was that of the postal authorities.
The appeal filed by the tenant against the said order of the Rent Control Court came to be dismissed by the Rent Control Tribunal as per its order dated 17th of November, 1999 which also rejected the companytention of the tenant that he had validly tendered the rent.
SANTOSH HEGDE,J. Leave granted.
The appellant landlord has preferred this appeal against the judgment and order of the High Court of Delhi in A.O.No.9 of 2000 dated 15th of May, 2000 whereby the High Court allowed the appeal filed by the respondent tenant against the order of eviction made by the Additional Rent Controller, Delhi as companyfirmed by the Rent Control Tribunal, Delhi.
