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TMI Blog2005 (8) TMI 746X X X X Extracts X X X X X X X X Extracts X X X X ..... 1951 (hereinafter referred to as 'the Act') is not entitled to such benefit in case of second default. The facts are not in dispute. The appellant is a tenant of the respondent and the rent presently payable for the premises is Rs. 56/-per month. There is no dispute with regard to payment of rent till January, 1991. According to the appellant he sent a money order remitting the rent payable for the month of February, 1992 on February 7, 1992 but the respondent refused to accept the same. Thereafter, he sent a money order on March 29. 1993 tendering the rent for the period January 1, 1992 to April 30. 1993. The same was refused. The respondent claimed enhancement of rent by 10% i.e. from Rs. 50.75 per month to Rs. 56/- per month. The money order sent on August 10, 1994 tendering the rent for the period February 1, 1992 to August 30, 1993 was again refused by the respondent. The case of the appellant is that in these circumstances in the month of January, 1.995 he deposited the rent for the period February 1, 1992 to January 31, 1995 under the provisions of the Punjab Relief of Indebtedness Act, 1934, (hereinafter referred to as the 'Punjab Act'). The respondent r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is was despite the fact that the proceeding under the Punjab Act stood concluded by order of the Court dated February 12, 1995 permitting the appellant to withdraw the amount deposited under the Punjab Act on the respondent's refusal to accept the same. The core question, therefore, which arises for consideration is whether the appellant defaulted in payment of rent inasmuch as he had not paid or tendered or deposited the rent for the aforesaid period in the manner required by law. The question also arises whether the deposit of rent under the Punjab Act can be construed to be a valid deposit under the Act. Learned counsel for the appellant submitted that since the deposit was made in accordance with the provisions of the Punjab Act treating the arrears of rent as debt due to the landlord, there was no default on the part of the appellant. On the other hand learned counsel for the respondent contended before us that to avail the benefit of the provisions of the Delhi Rent Control Act, the arrears of rent should have been deposited or tendered in the manner and in accordance with the specific provisions of the Act. Deposit made, which is not in accordance with the procedur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of the Rent Act would have to be treated as a deposit before the Rent Controller. The amount would have to be deposited by a challan in the same treasury which was to be operated by the Senior Sub Judge who was the Rent Controller. This Court also noticed the fact that there was no provision whatsoever in the Rent Act under which a deposit could be made by a tenant before the Controller to the credit of the landlord. We are of the considered view that the judgment in Mangat Rai (supra) is clearly distinguishable. In that case the Court dealing with applications under Section 31 of the Indebtedness Act was also the Court of the Rent Controller and, therefore, in the absence of any provision under the Act for a deposit to be made by a tenant before the Controller to the credit of the landlord, it really did not matter if the amount due by way of rent was deposited in the Court of the Senior Sub Judge empowered to deal with the applications under the Section 31 of the Indebtedness Act. The consequence would have been different if the Rent Act itself expressly provided for deposit of arrears of rent in a manner specified and those provisions were not followed. This becomes abun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... laid down in the said provision are satisfied. It is the admitted case of the appellant that these conditions are not satisfied in the present case. The deposit which was made by the respondent in court on 29-10-1982 cannot, therefore be regarded as a deposit made in accordance with Clause (c) of Sub-section (3) of Section 19-A and the appellant cannot avail of the protection of Sub-section (4) of Section 19-A and he must be held to have committed default in payment of rent for the months of May 1982 to October 1982. This means that the decree for eviction has been rightly passed against the appellant on account of default of payment of rent for the period of six months. In Jagat Prasad v. Distt. Judge, Kanpur and Ors. 1995 Supp (1) SCC 318 a decree for eviction was passed and one of the grounds was that the deposit had not been made in Court in accordance with law. This Court, while holding that the defence of the tenant had not been property struck off, upheld the decree of eviction on account of default in payment of rent. This Court observed :- Nevertheless, the defence of the appellant that he had deposited bona fide the rent in the civil proceeding that would enure ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7(4), he should have withdrawn the invalid deposits made in the office of the Rent Controller and deposited the amount afresh in terms of Section 17(1) of the Act. Upholding the view of the High Court this Court observed :- From what has been stated above it may be seen that the appellant's contention that he had personally tendered the rent for January 1966 in the first week of February 1966 to the respondent has not been accepted by the courts below or by the High Court. This finding being one of fact rendered on appreciation of evidence, its correctness cannot be re-agitated by the appellant in this appeal by special leave under Article 136 of the Constitution of India. By reason of this position, it follows that the remittance of the rent for January 1966 through money order on February 26, 1966 and the deposit made later on March 19, 1966 would not constitute valid payments of rent under the Act so as to absolve the appellant of the charge of having committed default in payment of rent. It has further been found that if the appellant had wanted to avail the benefit of Section 17(4) of the Act, he should have made a fresh deposit of the rent in accordance with the term ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ainst the appellant with respect to the suit premises on the ground of default in payment of arrears of rent needs no interference. It will thus appear that this Court has consistently taken the views that in Rent Control Legislations if the tenant wishes to take advantage of the beneficial provisions of the Act, he must strictly comply with the requirements of the Act. If any condition precedent is to be fulfilled before the benefit can be claimed, he must strictly comply with that condition. If he tails to do so he cannot take advantage of the benefit conferred by such a provision. Section 26 of the Delhi Rent Control Act, 1958 provides that every tenant shall pay rent within the time fixed by contract, and in the absence of such contract, by the fifteenth day of the month next following the month for which it is payable. Every tenant who makes a payment of rent to his landlord shall be entitled to obtain forthwith from the landlord or his authorized agent a written receipt for the amount paid to him, signed by the landlord or his authorized agent. It is also open to the tenant to remit the rent to his landlord by postal money order. The relevant part of Section 27 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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