MOHD. RASHID Vs. MOHD. SAYEED

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution seeks assailing the order dated 9.9.2011 of District Judge-cum-ARCT passed in RCA No. 26/2011.

(2.) THE appeal being RCA 26/2011 filed before the ARCT was directed against the order dated 2.8.2011 of ARC, Karkardooma Courts, whereby the application under Section 151 CPC filed by the petitioner, who was the tenant/respondent in the eviction petition, for deposit of interest on arrears of rent, was dismissed.

(3.) THERE is no dispute that vide judgment and order dated 23.11.2009 the eviction petition under Section 14(1) (a) of the Act was disposed and direction was given for compliance of the order under Section 15(1) and, further that order under Section 15(1) of the Act was in respect of payment of rent only. It was ordered that on the compliance of this order, the petitioner was to get benefit of Section 14(2) of the Act. THERE is no dispute that the petitioner did comply this order and deposited arrears of rent. However, the controversy is as regard to the alleged non compliance of the order dated 15.01.2010, whereby the petitioner was directed to pay interest @ 15% per annum on the arrears of rent and was to get the extended benefit of Section 14(2) of the Act, subject to deposit of interest on the arrears of rent. The submission of the petitioner is that he had complied the order dated 23.11.2009 in its terms and had deposited the rent, and got the benefit of Section 14(2) of the Act, and that he was not liable to pay any interest as there was no such order in this regard, passed by the ARC. His next submission is that in any case, he had challenged the order of 15.01.2010 before the ARCT, and immediately after the dismissal of his appeal on 03.12.2010 by ARCT, he filed an application on 13.01.2011 before the ARC, seeking permission to deposit the interest. It is his submission that since his request was declined by the ARC vide order dated 02.08.2011, and simultaneously his defence was also struck off and eviction order was passed, he has been seriously prejudiced, because of no fault of his.