Decided on October 28,1983

K.L.SURI Respondents


G.C.Jain,J. - (1.)This second appeal under Section 39 of the Delhi Rent Control Act 1958 (for short 'the Act') is directed against the order dated September 5, 1983 passed by the Rent Control Tribunal, Delhi, dismissing the appellants' appeal in limine against the order dated August 19, 1983 made by the Additional Rent Controller, Delhi under Section 15(1) of the Act whereby the appellants were directed to deposit the arrears of rent at the rate of Rs. 1700.00 per month with effect from September 1, 1978 upto the end of the month previous to that in which the deposit was made, after adjusting a sum of Rs. 28,600.00 , within one month of the order and to continue to deposit the future rent month by month by the 15th of each succeeding month at the same rate.
(2.)In April, 1981, K.L. Suri, respondent herein, filed an application for eviction of the appellants from the premises in dispute bearing Municipal No. 882, East Park Road, Karol Bagh, New Delhi, inter alia, on the allegations that the appellants were in occupation of the said premises as tenants under the respondent on a monthly rent of Rs. 1700.00 and had not paid the rent for the period September 1, 1978 onwards in spite of service of notice of demand. The appellants resisted the application. It was not disputed that the premises had been let out to them by the respondent but it was averred that the respondent had ceased to be the landlord because the Delhi Development Authority, who had leased out the land under the premises in favour of the respondent, had terminated the said lease and had obtained the possession of the property. It was also averred that the Municipal Corporation of Delhi had attached the rent of the premises in dispule towards the recovery of arrears of house-tax and the appellants had complied with the said attachment order but the exact paid amount which had been paid was not readily available with them due to a substantial part of the record having been destroyed in the fire which broke out in the premises on January 11,1981.
(3.)The learned Additional Rent Controller for the purposes of passing an order under Section 15(1) of the Act prima facie, came to the conclusion that the rent was due from September 1, 1978, the appellants had paid only a sum of Rs. 28,600.00 to the Municipal Corporation of Delhi and that there was nothing on record to show that the Delhi Development Authority had entered the premises and had taken possession of the same bringing an end to the relationship of landlord and tenant. With these findings an order under Section 15(1) of the Act in the terms mentioned above was made. The appeal filed by the appellants against the said order ; as observed earlier, was dismissed by the learned Rent Control Tribunal in limine on September 13, 1983.

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