VED PRAKASH Vs. ACHINT KUMAR

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution seeks assailing of order dated 30.08.2011 of learned District & Sessions Judge-cum- Rent Control Tribunal whereby he dismissed the appeal filed against the order dated 7.2.2011 of Addl. Rent Controller (ARC).

(2.) THE petitioner herein is a tenant of the respondent in respect of the suit premises. He was facing the eviction proceedings before the court of ARC under Section 14(1) (a) read with Section 14(2) of the Delhi Rent Control Act (for short the 'Act') in the case of second default of arrears of rent w.e.f. 10.8.2007 to 9.11.2007. His plea before the ARC was that he had sent money order towards the arrears of rent to the landlord, but the same was refused by him and further, that on receipt of demand notice dated 13.11.2007, he sent the pay order of Rs. 4315/- dated 19.11.2007 and that being so, he had complied the said demand notice and thus, the plaint was liable to be rejected under Order 7 Rule 11 CPC. The application filed in this regard was dismissed by the ARC vide his order dated 7.2.2011 and which in appeal, was maintained by the Rent Control Tribunal vide order dated 30.8.2011.

(3.) IN view of all this, I do not see any infirmity or illegality in the impugned order of the learned Rent Control Tribunal or that of order of Addl. Rent Controller. The petition has no merit and is hereby dismissed.