1 Bhola Nath who is the landlord made an application dated December 18, 1968 claiming eviction of the appellant and respondent No.
The challans showed that the rents for the months of May and June 1975 had been deposited by him on August 14, 1975 while the rents for July and August 1975 had been deposited on September 19, 1975.
1 under Section 15 7 of the Act on September 17, 1975 for striking out the defence of the appellant on the ground that he had companymitted defaults in companyplying with the order of his predecessor dated February 14, 1969 which had been affirmed in appeal by the Rent Control Tribunal by its order dated March 26, 1970.
December 1, 1965 and to deposit the future rent at the same rate on the 15th day of each succeeding month.
3 Aggrieved by the order of the Rent Control Tribunal affirming that of the learned Additional Rent Controller, the appellant preferred a second appeal before the High Court under Section 39 of the Act but the High Court declined to interfere with the order of eviction passed under Section 14 1 a .
Despite the delay in making deposits of the rents for these months, the learned Additional Rent Controller declined to make an order for striking out the defence under Section 15 7 of the Act on the ground that although the appellant had companymitted defaults in companyplying with the order made under Section 15 1 , the defaults will have their legal companysequences Both the appellant and respondent No.
1, the Additional Rent Controller by his order dated February 14, 1969 passed under Section 15 1 of the Act directed the appellant to deposit rent Rs.
1 again preferred appeals before the Rent Control Tribunal but the appeals were dismissed on August 23, 1977.
18/ per month, he vacated the premises after respondent No.
On the same day, the learned Additional Rent Controller dismissed an application filed by respondent No.
He came to this companyclusion on perusal of the original challans filed by the appellant that all the rents up to April 1975 had been deposited on due dates but there was delay in depositing the rents for four months, namely, for may, June, July and August 1975 on due dates.
1 acquired the same and there was a new tenancy created in his favour on March I, 1961 on a monthly rent of Rs.
On an application made by respondent No.
18/ per month w.e.f.
The second Additional Rent Controller by his order dated March 8, 1976 directed the eviction of the appellant on the ground specified under Section 14 1 a on the finding that the appellant had companymitted a default in number companyplying with the order dated February 14, 1969 passed by the predecessor under Section 15 1 and therefore it was number necessary to decide as to what was the agreed rate of rent.
It was alleged that although the appellant had taken the premises on rent from the Custodian of Evacuee Properties Rs.
Respondent No.
P. Sen, J. This appeal by special leave by the appellant Ram Murti is directed against the judgment of the Delhi High Court dated August 10, 1982 dismissing his second appeal under Section 39 and upholding the judgment and order of the Rent Control Tribunal dated August 23, 1977 affirming an appeal against the order of the Second Additional Rent Controller, Delhi dated March 8, 1976 and directing his eviction from the suit accommodation under Section 14 1 a of the Delhi Rent Control Act, 1958.
