ANITA MAHARISHI Vs. SHASHI BHUSHAN

JUDGEMENT

(1.) The challenge by means of this petition under Article 227 of the Constitution of India is to the judgment of the Addl. Rent Control Tribunal dated 30.8.2010, and which has condoned one day's delay in the compliance of payment of rent.

(2.) The facts of the case are that the Petitioner landlord filed a petition for eviction on the ground of nonpayment of rent under Section 14(1)(a) of the Delhi Rent Control Act, 1958, and in which, an interim order was passed under Section 15(1) of the said Act to deposit the arrears in court. The eviction petition was ultimately allowed and eviction ordered by first court of the Addl. Rent Controller by holding that the benefit under Section 14(2) of the Act could not be given as the Respondent tenant had delayed the deposit of rent pursuant to the order under Section 15(1) dated 27.2.2009 by one day.

(3.) By the impugned judgment, Addl. Rent Control Tribunal relying upon the decision of the Supreme Court in the case of Ram Murti v. Bhola Nath and Anr., 1984 AIR(SC) 1392, a decision under the Delhi Rent Control Act, 1958, has held that there is no willful default in deposit of rent and delay of one day was caused on account of peculiar circumstances inasmuch as the last date was declared as a holiday on account of Ambedkar Jayanti. The relevant portions of the impugned judgment are contained in paras 16 to 18 which read as under: