GEETA AGARWAL Vs. HEALTHCARE LTD

JUDGEMENT

(1.) THE impugned judgment is dated 18.03.2011; a suit for possession had been filed by the landlord seeking eviction of his tenant; his application under Order XII Rule 6 of the Code of Civil Procedure (hereinafter referred to as the `Code') which he had filed in the course of the proceedings seeking a judgment on admission had been dismissed.

(2.) THE whole crux of the impugned judgment is returned on the finding that the maintenance charges which was being paid by the tenant to the builder was a direct payment which was being made by the tenant to the builder and not being paid directly to the landlord did not qualify as `rent' to take it outside the purview of the Delhi Rent Control Act (DRCA).

(3.) IN view of the aforenoted ratio, it is clear that that the maintenance charges being paid by the tenant to the builder forms a part of the rent and thus, the provisions of the DRCA were not attracted.