ARUN KUMAR GUPTA Vs. RAKESH SOOD

JUDGEMENT

(1.) The order impugned before this court is the order dated 13.10.2010 vide which the Additional Rent Control Tribunal (ARCT) had reversed the finding of the Addition Rent Controller (ARC) in a pending eviction petition filed by the landlord-Arun Kumar Gupta under Section 14(1)(a) of the Delhi Rent Control Act (DRCA).

(2.) Record shows that the present eviction petition had been filed by the landlord under the aforenoted provision of law claiming non-payment of arrears of rent for three consecutive months by the tenant. It is not in dispute that the benefit of Section 14(2) of the DRCA had already been availed of by the tenant vide order dated 27.05.1985. Legal notice sent to the tenant by the landlord is dated 30.09.2009. In this legal notice demand for arrears of rent not having been paid by the tenant for three consecutive months has been made; contention being that this amount should be payable within two months. Reply to the legal notice is dated 07.10.2009. Receipt of this reply is not in dispute. Alongwith this reply the tenant had tendered a cheque of Rs. 8,400/- i.e. cheque bearing No. 176066 dated 01.10.2009 drawn on Central Bank of India, Darya Ganj, New Delhi tendering rent with effect from 01.01.1995 up to 31.12.2009 i.e. for a period of 14 years. It is not in dispute that this cheque was sent alongwith this reply which was within one week of the demand notice. The eviction petition was filed thereafter i.e. on 18.12.2009; in this petition it has been stated that the tenant is liable for eviction as he had sent a cheque of Rs. 8,400/- acknowledging the fact that he has been at default since 01.01.1995 to 31.12.2009. Eviction under Section 14(1)(a) of the DRCA had been prayed for.

(3.) ARC decreed the petition holding that the tenant is admittedly in default for three consecutive months.