USHA ARORA Vs. NARMADA DEVI

JUDGEMENT

(1.) By this petition, the petitioner has assailed an order dated 17th November, 2009 passed by learned District Judge-III cum Additional Sessions Judge, Additional Rent Control Tribunal whereby an appeal of the petitioner against the order of Additional Rent Controller was dismissed.

(2.) The brief facts relevant for the purpose of deciding this petition are that the petitioner was contesting an eviction petition filed by the landlord on the ground of non-payment of rent. The learned ARC passed an order under Section 15 (1) of the Delhi Rent Control Act directing tenant to pay the arrears of rent within 30 days and to deposit monthly rent every succeeding month. In order to see that there was no future controversy about tendering of rent, account number of landlord was given to the tenant and the tenant was to deposit rent every month in that account. The landlord moved an application under Section 15 (7) of Delhi Rent Control Act for striking of defence of the tenant on the ground that order under Section 15 (1) was not complied with by the tenant (petitioner) and the rent was not deposited for few months and arrears of rent were also not deposited. It was contended that there were thirteen defaults committed by the tenant in deposit of the rent. The learned Rent Controller after going through deposit slips placed on record by the tenant came to the conclusion that rent for the months of December, 2004, January, 2005 and September, 2006 had not been deposited by her. It was also found by the learned Additional Rent Controller that rent for the months of December, 2004 and January, 2005 i.e. arrear was not deposited within one month of passing of order. It was also found that tenant had not paid rent for the months of September, 2006, August, 2007, January, 2008, July, 2008, August, 2008 and September, 2008. She had deposited rent @ Rs.500/- per month instead of Rs.1,000/- per month as ordered by the court for the months of September, 2007, November, 2007 and December, 2007.

(3.) The petitioner had taken a plea that she had made a payment of Rs.7,416/- to MCD towards property tax on behalf of the landlord and this amount was bound to be adjusted. Learned Additional Rent Controller and Additional Rent Control Tribunal both did not agree with this submission of the petitioner and found that a case of non-compliance of order under Section 15 (1) was made out and the defence of the petitioner under Section 15 (7) was rightly struck off since it was a case of willful default by the tenant.