S. Saghir Ahmad, J. - (1.) These are tenant's appeals.
(2.) Prem Chand Jain, who is since dead and is now represented by respondent No.1, had filed a petition before the Rent Controller, Delhi, for the eviction of the appellant from the premises No.XI/4239-A, Raj Kishan, Jain Street, Municipal Ward No.XI, Darya Ganj, Delhi, on the ground of default in payment of rent and sub-letting. This petition came to be tried by the Additional Rent Controller, Delhi, who passed an order on 24th March, 1971 under Section 15(1) of the Delhi Rent Control Act, 1958 (for short, the 'Act') requiring the appellant to deposit all the arrears of rent due for the period from 1-6-1970 within one month from the date of the order and to deposit the future rent also at the rate of Rs.200/- p.m., every month by the 15th of each succeeding month after adjusting an amount of Rs.800/- which, admittedly, was received by Prem Chand Jain as part of the arrears of rent.
(3.) While the proceedings were pending before the Additional Rent Controller, Delhi, Sn. Prem Chand Jain made an application dated 22-3-1972 under Section 15(7) of the Act for striking out the defence of the appellant on the ground that the appellant had not deposited the rent for the month of February, 1972, by 15th march, 1972 and had instead deposited it on 30th March, 1972. This application was rejected on 24th April, 1972 and the appeal which was thereafter filed by Sh.Prem Chand Jain against this order was dismissed by the Rent Control Tribunal by order dated 19-4-73. Sh. Prem Chand Jain then filed a second appeal in the High Court which was registered as S.A.O. No.198 of 1973.;