LIFE INSURANCE CORPORATION OF INDIA Vs. MEGHRAJ MANNULAL

JUDGEMENT

(1.) The appellant, the Life Insurance Corporation of India is the landlord of the suit premises. A sum of Rs. 267.75 is claimed to be the arrears of rent due for the period from January, 1, 1961 to September 30, 1962 from the tenant M/s Meghraj Mannulal, a business concern, which, it is said was owned by Mannulal, deceased, who was the respondent in this appeal. On an earlier occasion an application for his eviction was filed by the appellant on the ground of non-payment of rent up to March 31, 1959 with respect' to this very premises. The tenant then paid the rent and avoided the order for eviction.

(2.) Again the tenant stopped paying rent. A notice dated June 13, 1961, demanding the arrears of rent, is alleged to have been served on him whereby the tenant was informed that on his default proceedings for his eviction would be filed and he will be liable for costs also. No payment was made. This being the second default in the payment of rent, the present application for this eviction was filed by the landlord on November 8, 1962 under clause (e) of the proviso to sub-section (1) of section 14 of the Act.

(3.) On behalf of the tenant, it was pleaded that the benefit under section 14(2) could not be said to have been enjoyed without an order under section 15. As no order had been passed under section 15, the tenant did not obtain the benefit of section 14(2). The learned Additional Controller rejecting this contention held that the respondent-tenant had enjoyed the benefit of section 14(2) of the Act once. This being his second default, he was not entitled to the same benefit again. An order for eviction was accordingly passed in favour of the appellant against the respondent-tenant with costs. The Rent Control Tribunal in appeal, however, agreed with the tenant that without an order under section 15 in the earlier proceeding, the tenant could not be said to have enjoyed the benefit under section 14(2). Accordingly, it set aside the order of eviction and passed the orders remanding the case for re-decision after passing the necessary orders under section 15(l) of the Act for deposit of arrears of rent. The present second appeal is against the said order of the Rent Control Tribunal.