P.K.Bahri, J. - (1.)This case has been on the Board and office wasrequired to give telephone message to Shri K.K. Chaudhary, Counsel forthe respondent and I am informed that the office has given the informationon telephone but despite waiting for Mr. K.K. Chaudhary, be has notappeared. So, I have no occasion to hear Counsel for the respondent inthis case.
(2.)This appeal is directed against judgment dated 19/08/1985,of Shri M.A. Khan. Rent Control Tribunal, by which he had dismissed theappeal of the appellant brought against the order of the Rent Controllerdated 1/04/1985, by which he had struck out the defence of the appellantunder Section 15(7) of the Delhi Rent Control Act (hereinafter referred toas 'the Act').
(3.)Facts of the case, in brief, are that the respondent had broughtan eviction petition against the appellant on the ground of eviction coveredby Clause (a) of the proviso to Sub-section (1) of Section 14 of the Act alleging that despite service of notice of demand dated November 20, 1979,claiming the arrears of rent amounting to Rs. 29,700.00 at the agreed rate ofRs.3,300.00per month with effect from 1/03/1979, the tenant neithertendered nor deposited the said arrears of rent within two months from theservice of notice of demand. The appellant had sent a reply to the saidnotice dated 18/01/1980, mentioning that the rent was not payable inadvance and he had sent Rs. 19.800.00as the rent for the period March I,197 9/12/1979 and had adjusted four months rent allegedly paidas advance rent at the time of creation of the tenancy.