SARITA GUPTA Vs. HARISH KUMAR PAHWA

JUDGEMENT

(1.) CM APPL.20655/2021 (Exemption)

(2.) The facts as are relevant to the disposal of the present petition are that the respondents/landlord had filed an eviction petition under Section 14(1)(a) of the Delhi Rent Control Act, 1958 (DRC Act) seeking the eviction of the original tenant Shri K.L. Gupta, (referred to as 'tenant' for convenience) predecessor-in-interest of the petitioners, from the tenanted premises which was a residential flat comprising of three rooms, kitchen and toilet (partition into latrine and bath) on the ground floor, forming part of House No. K-5/2, Model Town-III, Delhi 110009 (Tenanted Premises). The original landlord was Mr. Moti Dass, who expired on 18th April, 2006 bequeathing the property to his four sons, who are the respondents herein.

(3.) The eviction petition was filed alleging that the tenants had paid the rent only up to 31st October, 2011 at the last agreed rate of rent of Rs.2,574/- per month, exclusive of electricity and water charges and arrears of rent for 23 months w.e.f. 1st January, 2011 to 30th September, 2013 at the settled rate amounting to Rs.59,202/- and interest @ 15% thereon, amounting to Rs.8,140/-, had accumulated. Legal notice of demand including enhancement dated 16th October, 2013 was served on the tenants despite which neither was any reply sent nor the arrears paid/tendered.