JUDGMENT
Sunanda Bhandare, J.
(1) This second appeal is directed against the judgment of the Rent Control Tribunal dated 21st September, 1977 whereby composite order passed by the Rent Controller against the appellant herein for deposit of rent at the rate of Rs. 100.00 per month as well as order of eviction on failure to deposit within 30 days was upheld. The appellant, who appears in person, states that the respondent Sh. S.K.R. Bhandari, who was the original landlord, has sold the suit premises to employees State Insurance Corporation on 19th September, 1986. The Employees State Insurance Corporation has accepted the appellant as its tenant and the appellant has in turn agreed to pay and has been paying rent @ Rs. 100.00 per month to the new landlord. The Employees State Insurance Corporation has, however, not entered appearance in this second appeal.
(2) Appellant submits that since the property in question has changed hands and the original respondent is no more the owner and landlord of the premises inquestion, this appeal has become infructuous.
(3) However, in my opinion, even en the question of law raised by the appellant the appeal must succeed.
(4) The Supreme Court in : Chinnamarkathian alias Muthu and another etc. v. Ayyayoo Alias Periana Gounder and others, while dealing with the Tamil Nadu Cultivating Tenants Protection Act has held that there is an inherent danger in passing conditional order because that by itself may result in taking away jurisdiction conferred on the Court for just decision of the case. The Supreme Court has disapproved composite orders of deposit and eviction in this case. In : Ram Murti v. Bhola Nath and another, the Supreme Court has held that the Rent Controller has power to condone the default on the part of the tenant in making deposit of rent where the failure was due to circumstances beyond the control of the tenant and thus the failure to make a deposit would not entitle the landlord straightaway to a decree for eviction under Section 14(l)(a) of the Delhi Rent Control Act. Thus a composite order of deposit of rent and eviction cannot be sustained.
(5) By order dated 24th November, 1977 the appellant was directed to deposit a sum of Rs. 8.500.00 by way of security in the Court of the Additional Rent Controller. The appellant will be permitted to withdraw this amount.
(6) The orders of the Rent Control Tribunal dated 21st September, 1977 and the Rent Controller dated 27th March, 1976 are, therefore, set aside and the appeal is allowed.