LAWS(DLH)-2022-1-202

USHA Vs. DILIP KUMAR SINGH

Decided On January 18, 2022
USHA Appellant
V/S
DILIP KUMAR SINGH Respondents

JUDGEMENT

(1.) The petitioner, by way of this petition under Article 227 of the Constitution, assails a judgment dtd. 7/12/2020 rendered by the Principal District and Sessions Judge, South East District, Saket Court, New Delhi, in RCT No. 17/2019 [Smt. Usha @ Durgawati Devi vs. Dilip Kumar Singh]. By the said judgment, the learned District & Sessions Judge has dismissed the appeal filed by the petitioner against the judgment dtd. 20/8/2019 of the learned Additional Rent Controller ["ARC"].

(2.) The petitioner was a tenant of the premises in question [House No. B-37, Harkesh Nagar, New Delhi-110020] ["the premises"], in respect of which the respondent-landlord filed eviction proceedings in August, 2018. Although the landlord claimed that the tenancy had been created in the year 2011, the petitioner asserted a tenancy in existence since the year 2007. According to the petitioner, the rent, which was originally ?750/- per month, and enhanced to ?2,300/- per month was paid until March, 2018.

(3.) By the judgment dtd. 20/8/2019, the ARC allowed the respondent's application for eviction and directed the petitioner to pay the unpaid rent @ ?2,300/- per month from 1/1/2016 to 31/3/2018 and from 1/1/2019 onwards. The petitioner filed an appeal under Sec. 38 of the Delhi Rent Control Act, 1958 ["the Act"], in which the impugned judgment has been rendered.