P.C. Pandit, J. - (1.) DR . (Mrs.) N.D. Khanna respondent, is the owner of the premises in dispute, which are situate in Golf Link, New Delhi. She had given them on a monthly rent of Rs. 700/ - to Bhagwant Singh, appellant, in June 1960. In September 1962, she filed an application for his ejectment on three grounds -(1} non -payment of arrears of rent in spite of service of notice of demand, on the tenant (2) her bona fide, personal requirement of the premises in dispute and (3) building of another residence by the tenant for himself -under section 14 of the Delhi Rent Control Act, 1958.
(2.) THIS application was contested by the appellant, who admitted the tenancy and the rate of rent. He, however, controverted the various grounds of ejectment alleged against him. On 24th October 1962, on the application of the landlord, the Additional Controller passed an order under section 15 of the Act calling upon the tenant to deposit within one month the arrears of rent with effect from 10th December. 1961 up to date at the rate of Rs. 700/ - per mensem, after deducting Rs. 5,600/ -, which had already been received by the landlord. The tenant was also directed to pay the future rent at the same rate every month. It is common ground that this, amount was not deposited in accordance with this order and, as a result, by the order dated 31st January 1963, the Additional Controller struck out the tenant's defence under the provision of section 15(7) of the Act, because the delay in depositing the arrears of rent could not be condoned, as sufficient cause for the same, had not been shown by the tenant.
(3.) THIS order was upheld in appeal as well as on revision to this Court.;