B.C. Misra, J. - (1.) This revision petition has been filed under section 35 of the Delhi Rent Control Act 38 of 1952 by the landlord, Life Insurance Corporation of India against the Standard Button Agency in Delhi, tenant and is directed against the appellate order of the Additional Senior Subordinate Judge, Delhi, dated 28th October, 1964 by which the learned Judge allowed the appeal and dismissed the suit of the petitioner for eviction against the respondent after reversing the order of the Subordinate Judge dated 29th March, 1963.
(2.) The facts of the case lie in a brief compass. The dispute between the parties relates to a Balakhana No 1 in Swadesh Market, Sadar Bazar, Delhi which was let out on a rent of Rs. 20/- per month which, according to the respondent, was Rs. 6/- instead of Rs. 20/- per month. The property originally belonged to Mst. Ahmed Bi and others and was by a conveyance deed dated 161h January, 1954 (Exhibit P 2/A) transferred by them to the petitioner before me, namely, Life Insurance Corporation of India and all the rights, title and interest of the party had been transferred to the petitioner. On 10th July, 1954, the petitioner-plaintiff gave a notice of demand and eviction to the respondent in which they claimed dues for the period from 1st January, 1954 to 31st July, 1954 Notice was sent by registered post acknowledgement due (Exhibit P. 5). It is common case of the parties that the respondent before me did not pay any amount whatsoever in response to the notice and the petitioner on 13th August, 1954, filed a suit for eviction of the respondent on the ground of non-payment of rent, being ground No, (a) in sub-section (1) of section 13 of the Delhi Rent Control Act of 1952. The suit was decreed ex parte by the trial Court by order dated 30th July, 1955 and then on the request of the respondent, the ex parte order was set aside and the respondent was allowed to file his written statement. On 8th August, 1956, the trial Court gave the respondent time to deposit the rent in accordance with law, but it did not deposit any amount at all and on 6th August, 1956, they asked for further time to do so which was refused by the Court by order dated 8th August, 1956 and by the same order, the Court struck off the defence of the defendant-tenant and decreed the suit for eviction.
(3.) The tenant went up in appeal against the order of the Subordinate Judge refusing extension of time which was decided against the tenant by order dated 24th December. 1956. A revision filed in the High Court failed on 9th March, 1961. On 17th August, 1961, the Court passed an order on the application of the petitioner landlord dated 12th April, 1957, moved under section 13(5) of the Rent Act and ordered the tenant to pay rent at the rate of Rs. 6/- per month with effect from 1st January, 1954 upto date as well as future rate at the said rate and also awarded costs. The tenant went up in appeal against the said order to the Senior Subordinate Judge who by order dated 27th September, 1961 upheld the order of the trial Court for deposit of rent, but set aside the order for payment of costs. A revision against the said order was dismissed by the High Court on 1st February, 1963.;