SUBHASH GANDHI Vs. SHANTI DEVI

JUDGEMENT

(1.) These two petitions have been filed by the legal representatives (L.Rs.) of the original tenant against whom the respondent herein, Smt. Shanti Devi had filed an eviction petition under Section 14 (1)(a) of the Delhi Control Act, 1958 (DRC Act). Since the parties are the same and since the impugned orders arise out of the same proceedings, both petitions are being disposed of vide this common order.

(2.) CM (M) 537/2020 has been filed against the order dated 17th October, 2020 passed by the learned Principal District and Sessions Judge/Rent Control Tribunal (RCT), Shahdara Karkardooma Courts, Delhi, dismissing the appeal preferred by the present petitioners against the orders of the learned SCJ-cum- RC dated 23rd January, 2017. CM (M) 541/2020 has been filed by the petitioners against the order of the RCT dated 17th October, 2020, upholding the judgment of the learned SCJcum- RC dated 21st July, 2018 (also mentioned as 16th July, 2018).

(3.) As already noticed, an eviction petition had been filed by the respondent/landlady under Section 14 (1)(a) of the DRC Act in respect of one shop situated on the ground floor ad-measuring 6ft x 8ft in property bearing No. 9/6829, Janta Gali, Gandhi Nagar, New Delhi-110031, on the ground that the petitioners had defaulted in paying the rent, despite service of demand notice dated 11th April, 2016. The learned Rent Controller (RC) vide the judgment dated 23rd January, 2017 concluded that the tenant (now deceased) was in default in the payment of rent and that the respondent/landlady had established her entitlement to seek eviction of the petitioners under Section 14(1)(a) of the DRC Act. But another chance was granted under Section 15(1) of the DRC Act to the tenant, directing him to, within one month from the date of the order, pay the arrears of rent @ Rs. 180/- per month with effect from 1st April, 2016 till 30th April, 2016 and @ 198/- per month with effect from 1st May, 2016 till date, along with interest @15% per annum, as per Section 26 of DRC Act, adjusting whatever rent that had already been deposited.