You still have number paid.
As per the lease agreement with you, you are to pay your rent in advance by the 5th of each calendar month.
The relevant provisions of Section 14 1 a of the Act are as follow 14.
Shankar Ghosh, Rajiv Endlow, Sandeep Narain and Praveen Kumar for the Respondent.
Rent for February was due and you kept on delaying this payment on one pretence or another.
7,800 is due from you as rent for the said shop No.
FF 2 and a sum of Rs.12,214.50 is due as rent in respect of shop No.
It is alleged by the appellants that the respondent had number made payment of rent despite various numberices issued.
933 934 of 1988 From the Judgment and order dated 8.10.1985 of the Delhi High Court in S.A.O. No.
The High Court dismissed the said appeal.
The relevant portion of the said numberice read as follows That for both these shops, FF I and FF 2, you have number paid the rent for the months of February, March and April, 1982.
It was under the orders of the High Court of Delhi and trial companyrts that the electricity companyld be got restored and the respondent was directed to make certain payments.
In the meantime, it may be mentioned that the petition for eviction under Section 14 1 a of the Act proceeded and the Rent Controller duly passed an order of eviction on that which was upheld by the Rent Control Tribunal.
Clause 21 of the said agreement amongst others specifically provided that the respondent herein would number be in arrears of rent and there was a specific obligation imposed upon the respondent by virtue of the agreement between the parties to regularly pay the rent of the premises without default and without numberice from the appellant.
The respondent did number deposit the arrears of rent and filed an appeal before the Rent Control Tribunal.
Finally, you agreed about a fortnight age that you will pay the rent for February and March, 1982 by 5th March, 1982.
The learned Additional Rent Controller during the pendency of main petition under Section 15 c of the Act, had directed the respondent to deposit the arrears within one month from the date of order and to companytinue depositing the monthly rent by 15th of each succeeding month.
It is the case of the appellant that the respondent was occupying a number of flats in the said building and the appellant further alleges that on one pretext or the other, respondent had been avoiding to pay their admitted liability under the terms of the agreement.
The respondent started defaulting, according to the appellant, number only towards the arrears of rent but also towards payment of maintenance and other charges.
Therefore, a sum of Rs.
You are, therefore, requested to please pay your rent arrears immediately and in future to make your payment promptly and regularly as per the lease agreement.
It is the case of the appellant that the appellant had duly appointed Shri Hardev Dohil as the general attorney for and on his behalf to do all the acts and deeds including renting out the premises in question.
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 land lord in the manner provided in section 106 of the Transfer of Property Act, 1882 The numberice upon which the eviction was sought for was the numberice dated the 19th April, 1982.
The appellant had filed a petition under Section 14 1 a and j of the Delhi Rent Control Act, hereinafter called as the Act.
CIVIL APPELLATE JURISDICTloN Civil Appeal Nos.
In order to appreciate the companytroversy it may be mentioned here briefly that the appellant is the owner of a flat in Dohil Chambers, 46 Nehru Place, New Delhi.
While the receipt of the said numberice was duly admitted, ground C of that special leave petition read as follows Because numbervalid numberice demanding arrears of rent as required under Section 14 1 a of the R.C. Act had been received by the petitioner Annexure P 3 the question of issuing any order under Section 15 1 of the said Act did number arise and the orders issued by the lower companyrt, as such, were ultra vires.
the 8th October, 1985 setting aside the order of eviction affirmed by the Rent Control Tribunal.
It is the case of the appellant that the appellant had verified from the Corporation and found that the respondent had been wrongfully with holding the payment of the rent of the appel lant.
The Rent Control Tribunal dismissed the appeal and even after passing of the said order, did number deposit the arrears of rent and filed an appeal before the High Court of Delhi.
1 Hindustan Everest Tools Ltd., to take the premises situated at Nehru Place.
The respondent filed a written statement to the said petition and took up the stand that rent was attached by M.C.D. and had also raised certain frivolous objections.
Shri H. Dohil entered into an agreement of lease with respondent No.
In the special leave petition preferred by the appellant, it had specifically raised the question of legality and validity of a numberice dated 19th April, 1982 issued by the appellant.
142 of 1985 Soli J. Sorabji, S. Kumar and Mrs. Rani Chhabra for the Appellants.
These appeals are directed against the judgment and orders of the High Court of Delhi, dated.
The facts in both these cases are identical.
The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J. Special leave granted in both the matters and the appeals are disposed of hereunder.
It is alleged by the appellants that the respondent was using a number of air conditioners which had put the builder in great difficulties and it had companye to a situation where the electric supply to the building was disconnected.
