RAMESH KUMAR Vs. YASMEEN FATIMA

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution is directed against the order dated 28.4.2012 of District Judge-cum-Addl. Rent Control Tribunal (ARCT), whereby the appeal of the petitioner/tenant against the orders dated 30.11.2011 and 16.1.2012 as also of 6.2.2012 of Addl. Rent Controller (ARC), came to be dismissed.

(2.) THE petitioner is a tenant under the respondents in respect of shop in premises bearing No. D-328 A, Gali No. 12, C.R. Road, Laxmi Nagar, Delhi. His eviction was sought by the respondents/landlords under Section 14 (1)(a) of the Delhi Rent Control Act (for short the ,,Act) on account of the non-payment of rent since June, 1992 despite issue of legal notice dated 3.11.2008. The petitioner contested the eviction petition filed by the respondents/landlords. The learned ARC vide order dated 30.11.2011 decreed the petition under Section 14(1) (a) of the Act in favour of the respondents/landlords, and thereafter, vide order dated 16.1.2012, declined to grant benefit to the petitioner/tenant under Section 14(2) of the Act.

(3.) THE undisputed facts are that initially, an interim order under Section 15(1) of the Act was passed on 15.12.2009 by ARC, directing the petitioner to deposit the arrears of rent @ Rs. 350/- p.m. w.e.f. 1.9.2008 to 30.12.2008 and at the enhanced rate of Rs. 385/- p.m. w.e.f. 1.1.2009 within a month, and future rent month by month by the 15th of each succeeding month. This order of 15.12.2009 was subsequently modified on 30.11.2011 and the petitioner/tenant was directed to pay the rent dues @ Rs. 350/- per month w.e.f. 2.2.2006 to 3.12.2008 and enhanced rate @ Rs. 385/- p.m. w.e.f. 4.12.2008 onwards within a month from the date of this order. As per this order, the rent dues were to be paid within a month i.e. upto 30.12.2011. However, the arrears were deposited by the petitioner on 31.1.2012 i.e. after a delay of about one month. The learned ARC allowed the petition of the respondents under Section 14(1)(a) of the Act, noting that the petitioner/tenant has failed to pay/tender the entire arrears of rent within stipulated period of two months from the date of service of demand notice. The ARC, consequently, held vide order dated 16.1.2012 that the petitioner/tenant is not entitled to benefit under Section 14(2) of the Act. The findings recorded by the ARC have been maintained by the ARCT vide impugned order.