HARJINDER SINGH BEDI Vs. R P MALHOTRA

JUDGEMENT

(1.) The petitioner tenant has approached this Court in the exercise of its jurisdiction under Article 227 of the Constitution of India with respect to the order dated 11th August, 2009 of the Addl. Rent Controller striking off the defence of the petitioner tenant and the order dated 4th November, 2009 of the Rent Control Tribunal dismissing the appeal preferred by the petitioner/tenant thereagainst.

(2.) The respondent landlord in or about September, 2003 instituted a petition for eviction of the petitioner tenant from shop No.2, GL-16, Jail Road, Hari Nagar, New Delhi under Section 14 (1)(a) of the Delhi Rent Control Act, 1958 i.e. on the ground of non-payment of rent. It is the admitted position that the petitioner tenant is in occupation of the said commercial premises since the year 1974, at a rent of Rs.1,500/- p.m. It was the case the respondent landlord that though a notice dated 23rd November, 2002 under Section 6A of the Act for a 10% increase in rent w.e.f. January, 2003 had been given but the petitioner tenant had not so increased the rent. The case of the respondent landlord was that the petitioner tenant was in default of payment of rent w.e.f. the month of January, 2003 and had failed to pay the rent inspite of demand notice dated 10th June, 2003.

(3.) The petitioner tenant contested the petition for eviction by contending that the rent for the months of January, 2003 to March, 2003 had been personally tendered to the landlord respondent but the landlord respondent had refused to accept the same and consequently was deposited in the Civil Court under Section 31 of the Punjab Relief of Indebtness Act, 1937; thereafter the rent from April, 2003 onwards had also been tendered to the respondent landlord but he had refused to accept the same. It was further the plea of the petitioner tenant that the respondent landlord was not accepting the rent to pressurize the petitioner tenant to agree to the 10% enhancement aforesaid.