TABASSUM @ MONA Vs. NAZUK BEGUM

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution is directed against the order dated 11.8.2011 of District Judge-cum-Addl. Rent Control Tribunal (ARCT), whereby the appeal of the petitioner/tenant against the orders dated 6.8.2010 and 17.8.2010 of Addl. Rent Controller (ARC), came to be dismissed.

(2.) THE petitioner is a tenant under the respondent in respect of one room on the ground floor in premises bearing No. L-233, Sunder Nagri, Nand Nagri, Delhi. Her eviction was sought by the respondent/landlady under Section 14 (1)(a) of the Delhi Rent Control Act (for short the ,,Act) on account of the non-payment of rent since 6.12.2001 despite issue of legal notice dated 17.10.2006. THE petitioner contested the eviction petition filed by the respondent/landlady. THE learned ARC vide order dated 6.8.2010 decreed the petition under Section 14(1) (a) of the Act in favour of the respondent/landlady, and thereafter, vide order dated 17.8.2010, declined to grant benefit to the petitioner/tenant under Section 14(2) of the Act. THEse orders of ARC dated 6.8.2010 and 17.8.2010 were carried in appeal by the petitioner/tenant, which was dismissed by the learned ARCT vide impugned order dated 11.8.2011. THE said order is under challenge in the instant petition.

(3.) SO far as the delay of two days in the deposit of rent in terms of the order dated 31.1.2009 under Section 15(1) of the Act is concerned, the petitioners case is that the delay is of one day and not two days since the month of February has been counted as full month and not that of 28 days by the court Nazir. This aspect, in fact, is not necessarily to be gone into inasmuch as this order of 31.1.2009 was merged with the modified order dated 25.3.2009 of ARCT. What was to be seen was the compliance of the modified order under Section 15(1) passed on 25.3.2009. Undisputedly, as per this order of ARCT, the deposit of rent was to be made on or before 25.4.2009, but, the petitioner/tenant deposited the rent only on 25.5.2009, and apparently, there was a delay of one month in depositing.