PREM CHAND GUPTA Vs. FINE METAL WORKS

JUDGEMENT

(1.) By this petition, the petitioners have assailed order dated 3rd June, 2008 passed by learned Additional Rent Control Tribunal whereby learned Additional Rent Control Tribunal dismissed the appeal filed by the petitioners against the order dated 19th July, 2007of learned Additional Rent Controller.

(2.) An eviction petition was filed by the petitioners against respondent/tenant on the ground of non-payment of rent and addition alterations under Section 14 (1) (a) and 14 (1) (j) of Delhi Rent Control Act. The order of learned Additional Rent Control Tribunal is challenged only on the ground that arrears of rent tendered after demand notice, did not include interest @ 15 per cent per annum payable by the tenant as envisaged under Section 26 of Delhi Rent Control Act, thus, it was not a valid tender. There is no dispute to the fact that after service of demand notice, the tenant tendered arrears of rent but without interest. The issue raised is that the tenant was supposed to pay arrears along with 15 per cent interest for unpaid period and not simply accumulated arrears. It is submitted that since the interest was not tendered along with unpaid rent, it was not lawful tender of arrears of rent in terms of Delhi Rent Control Act and, therefore, the petitioners were entitled for a decree of eviction.

(3.) This issue was considered by the learned Additional Rent Controller as well as Additional Rent Control Tribunal and both found that the demand notice sent by the petitioners to the respondent did not ask for payment of 15 per cent simple interest on the unpaid rent for unpaid period. The notice merely demanded arrears of rent and since the rent as demanded in the notice was tendered, the tenant would not be liable for eviction and no ground was made out by the petitioners. It is contended by the petitioners that arrears of rent include the rent payable coupled with the interest as legally recoverable from the tenant under Section 26 of Delhi Rent Control Act which reads as under :-