SATISH PARASHAR Vs. PREM BIHARI (SINCE DECEASED)

JUDGEMENT

(1.) This petition has been filed by the petitioner challenging the order dated 04.03.2020 passed by the learned Rent Control Tribunal (in short RCT?) in appeal, being RCT No.138/2018, dismissing the appeal of the petitioner against the order dated 17.08.2018 passed by the learned Additional Rent Controller-01, Central (in short ARC?), dismissing the application of the petitioner seeking condonation of delay in filing of an application seeking review of the order dated 14.03.20211 passed by the learned ARC under Section 15(1) of the Delhi Rent Control Act, 1958, (hereinafter referred to as the Act?), and consequently allowing the application of the respondent herein under Section 15(7) of the Act.

(2.) The respondent had filed an eviction petition, being E.No.821/2014, against the petitioner under Section 14(1)(a) of the Act, claiming that the petitioner is a tenant with respect to property, being Middle Flat on the first floor of building no.27, Alipur Road, Civil Lines, Delhi-110054 at rate of rent of Rs.850/- per month exclusive of electricity and water charges. Paragraph 14 of the Eviction Petition asserts that the date of letting out of the tenanted premises is 16.07.1998 on the basis of written agreement . It is important to note here itself that the Agreement dated 16.07.1998, however, gives the rent as Rs.750/- per month. In the eviction petition, the respondent claimed arrears of rent of Rs.22,950/- for the period with effect from 01.04.2008 to 30.06.2010 at the rate of Rs.850/- per month.

(3.) The petitioner herein filed his reply to the eviction petition, disputing the rate of rent and claiming the same to be Rs.750/- per month. On the first date of his appearance before the learned ARC, on 27.10.2010, the petitioner also tendered a demand draft of Rs.26,350/- dated 21.10.2010 to the respondent.