KANWAR PAL Vs. PANKAJ GUPTA

JUDGEMENT

(1.) Order impugned is the order dated 01.11.2011 passed by the Additional Rent Control Tribunal (ARCT) endorsing the finding of the Additional rent Controller (ARC) dated 23.4.2011 which had decreed the petition of the landlord Pankaj Gupta under Section 14(1))(a) of the Delhi Rent Control Act (hereinafter referred to as the DRCA)

(2.) Record shows that the present eviction petition had been filed by the landlord seeking eviction of the tenants from the disputed premises i.e. shop No. 4 in property bearing No. WZ-A/155, Arya Samaj Road, Uttam Nagar, New Delhi as depicted in red colour in the site plan attached along with the eviction petition. Present rate of rent was Rs. 275/- per month excluding water and electricity charges. The original tenants were Kanwar Pal and Kanti Prasad but thereafter after the death of Kanti Prasad his two sons and his widow being his legal representatives had stepped into his shoes. Contention was that in spite of legal notice dated 06.4.2005 asking the tenants to pay the arrears of rent, they being in default w.e.f. 01.8.2001 @ 250/- per months besides interest @ 15% per annum, no compliance had been effected. Present eviction petition had accordingly been filed.

(3.) In the written statement these contentions have been denied. The primary objection was that the all the legal representative of the deceased Kanti Prasad had not been impleaded; his widow not having been arrayed as a party; this petition was liable to be dismissed on this ground alone. The notice dated 06.4.2005 had also been disputed; it was denied that the same had been received; further contention was that the rent had been deposited under Section 31 of the Punjab Relief of Indebtedness Act and as such no default had been committed by the tenant.