PRADEEP KUMAR Vs. PUKMANI DEVI

JUDGEMENT

(1.) This petition under Article 227 of the Constitution is directed against the judgment dated 28.4.2012 of ARCT, North-West, whereby the appeal filed by the petitioner herein against the order dated 16.07.2011 of ARC, was dismissed.

(2.) The respondent had filed a petition of eviction on the ground of non-payment of rent under Section 14(1) (a) of the Delhi Rent Control Act (for short the 'Act') against the petitioner. The case of the respondent was that the petitioner was in arrears of rent w.e.f. 22.12.2004. It was the plea of the petitioner that he had deposited the demanded rent w.e.f. 1.12.2003 to 22.12.2004 under Section 27 of the Act on 7.3.2005, and thus, the petition for his eviction was not maintainable.

(3.) The learned ARC passed the order under Section 15(1) of the Act on 1.9.2007, directing the petitioner to pay or deposit the arrears of rent within a month. The petitioner having failed to comply the said order, the respondent filed an application under Section 15(7) of the Act. Vide order dated 13.03.2009, the defence of the petitioner was struck off. The said order was challenged in the appeal, which came to be dismissed by ARCT vide its order dated 16.4.2010.