ARYA KANYA PATHSHALA Vs. ABHISHEK BUILDCON PVT. LTD.

JUDGEMENT

(1.) This hearing has been held by video conferencing.

(2.) The petitioner in the appeal had challenged the order dated 03.05.2017 passed by the learned Additional Rent Controller, Patiala House Courts, ordering eviction of the petitioner from the tenanted premises i.e. 1, Doctors Lane, First Floor, Gole Market, New Delhi alternatively known as Plot No.4A, Block No.88, Gole Market, New Delhi, under Section 14 (1)(k) read with Section 14(11) of the Delhi Rent Control Act, 1958 (hereinafter referred to as "Act") on the petitioner's failure to comply with the condition of payment of the amount of Rs.74,608/- along with interest at the rate of 12% p.a. to the L&DO within three months of the order dated 29.05.2004 passed by the learned Additional Rent Controller.

(3.) In brief, the facts giving rise to the present petition are that the erstwhile owner/landlord of the tenanted premises had filed an Eviction Petition under Section 14 (1)(k) of the Act against the petitioner, seeking eviction of the petitioner herein on the ground of misuse of the tenanted property. By an order dated 22.01.2000, the learned Additional Rent Controller had issued a notice under Section 14(11) of the Act to the petitioner and the L&DO for determining the misuser and any charges to be paid for regularizing the same. Based on the report of the L&DO, by an order dated 29.05.2004, the petitioner was directed to pay an amount of Rs.74,608/- within three months to the L&DO alongwith interest at the rate of 12% p.a. The parties were directed to report to the Court about the compliance/noncompliance of the said order. Admittedly, the petitioner did not make the deposit within the time granted by the learned Additional Rent Controller, and as recorded in the order dated 03.05.2017, the amount of Rs.74,608/- was deposited by the petitioner only on 22.02.2017 albeit without interest.