HARI SINGH Vs. RAJINDER PRASHAD SHARMA

JUDGEMENT

(1.) THE challenge in this petition filed by the Petitioner/landlord in respect of the premises at 4/2706, Gali No. 5, Bihari Colony, Delhi ('premises') is to an order dated 9th March 2009 passed by the learned Additional Rent Control Tribunal, ('Tribunal') whereby the appeal RCT No. 39 of 2008, filed by the Respondent/tenant was allowed and the Petitioner's eviction petition under Section 14(1)(a) of the Delhi Rent Control Act 1958 ('DRC Act') was dismissed.

(2.) THE plea of the Petitioner in eviction petition was that the premises was given on rent to the Respondent/tenant at a monthly rent of Rs. 715/ -. The Respondent/tenant was a chronic defaulter in the payment of rent and had already been granted the benefit of making payment of the arrears of rent under Section 14(2) DRC Act by the Additional Rent Controller (ARC). The Respondent/tenant had challenged the said order before the Tribunal. However, the order was upheld with some partial modification with regard to the arrears of rent.

(3.) THE case of the Respondent/tenant was that payment of rent for the aforementioned three months was made by cheques dated 10th March, 9th April and 6th May 2005 each for a sum of Rs. 715/ -. The Respondent/tenant claimed that the cheques were sent to the landlord by courier but the landlord had deliberately not encashed them. Consequently, the tenant had to file an application under Section 27 of the DRC Act before the learned ARC