BALWANTI DEVI Vs. MAHESH KUMAR CHOPRA

JUDGEMENT

(1.) Order impugned before this Court is the order dated 07.9.2007 passed by the Additional Rent Control Tribunal (ARCT) endorsing the finding of the Additional Rent Controller (ARC) dated 13.7.2007 whereby the delay in the deposit of rent by the tenant had been condoned and benefit of Section 14(2) of the DRCA had been extended to the tenant.

(2.) Petitioner Balwanti Devi is the landlady of property bearing No.10/18, Shankti Nagar, New Delhi. Mohan Lal Chopra was inducted as a tenant in the said premises initially at a rent of Rs.25/- per month which was subsequently increased to Rs.30/- per month. After the death of Mohan Lal Chopra his legal heir Mahesh Kumar Chopra became a tenant and he started paying the rent to the landlord. He paid rent up to 31.3.1994 and thereafter did not pay rent. Demand notice dated 26.3.2003 was served upon the tenant to which no reply was filed. Eviction petition bearing no.916/2003 was filed; on 12.2.2004 an order under Section 15(1) of the Delhi Rent Control Act (hereinafter referred to as the DRCA) was passed by the ARC and the tenant was directed to pay the arrears of rent w.e.f. 01.8.2000 till 31.01.2004 @ Rs.30/- per month which was modified vide order dated 13.7.2007 vide which the tenant was directed to deposit rent @ Rs.33/- per month w.e.f. 01.5.2003. The Rent Controller after consideration of the report of the Nazir had noted that rent for the month of March 2004 was deposited after a delay of five days; for the month of December 2004 after one month and six days and rent for the month of January 2005 was deposited late by six days. He condoned this delay and gave the benefit of Section 14(2) of the DRCA to the tenant.

(3.) The landlord was not satisfied with this order passed by the ARC. He preferred an appeal before the RCT who dismissed his plea on 07.9.2007 endorsing the finding of the ARC. This judgment is the subject matter of the present proceedings.