RAM SHREE Vs. SANJEEV JAIN

JUDGEMENT

(1.) IMPUGNED judgment dated 03.03.2011 passed by the Additional Rent Control Tribunal (ARCT) had reversed the finding of the Additional Rent Controller dated 13.04.2010 in eviction proceedings filed by the landlord under Section 14(1)(a) of the Delhi Rent Control Act (DRCA).

(2.) RECORD shows that the present eviction petition has been filed by the landlady -Smt. Ram Shree against her tenant -Sanjeev Jain under Section 14(1)(a) of the DRCA; contention being that in spite of the legal notice (Ex. PW1/2) dated 15.10.2008 wherein arrears of rent had been demanded from January 2007 up to October 2008; contention being that no rent had been tendered; present eviction petition had accordingly been filed.

(3.) ORAL and documentary evidence was led before the Trial Court; the ARC vide his order dated 13.04.2010 had examined the record and the evidence both oral and documentary evidence adduced before it. RW1 had produced 21 rent receipts (Ex. PW1/RW1 to PW1/RW21) which evidence that 11 of these receipts were issued for two months, five receipts were issued for one month, two receipts were issued for four months, one receipt was issued for five months, one receipt was issued for six months and another receipt was issued for seven months. The contention of the tenant that he had paid the rent for the aforenoted period as mentioned in the legal notice dated 15.10.2008 i.e. from January 2007 upto October, 2008 by a money order and the money order had deliberately been refused to be accepted by the landlord did not find favour with the ARC; ARC was of the view that no rent has been paid for the aforenoted period as contained in the legal notice and the tenant being in default of payment, the case stood proved under Section 14(1)(a) of the DRCA and the matter had been renotied as to whether the tenant is entitled to the benefit of Section 14(2) of the DRCA or not.