B. D. KHANNA PUBLICITY Vs. JALVEEN ROSHA

JUDGEMENT

(1.) Jalveen Rosha ('Jalveen', hereinafter), claiming to be the owner and landlord of C-10, Defence Colony, New Delhi-110048 ('the suit property'), filed a petition under clause (a) of the proviso to Sec. 14(1)[1] of the Delhi Rent Control Act, 1957 ('the DRC Act'), seeking to evict M/s B.D. Khanna Publicity (the tenant in the first floor of the suit property and referred to, hereinafter, as 'Khanna', for the sake of convenience) from the premises in its occupation. The said Eviction Petition is presently pending before the learned Additional Rent Controller ('the learned ARC'). It does not seriously concern us.

(2.) The present petition emanates from three petitions, DR 53/2020, DR 61/2020 and DR 67/2020, filed by Khanna before the learned ARC under Sec. 27(1)[2] of the DRC Act. The learned ARC allowed all three petitions. Aggrieved, Jalveen appealed to the learned Rent Control Tribunal (the learned RCT), by way of RCT ARCT 02/2021 (directed against the order passed in DR 53/2020), RCT ARCT 03/2021 (directed against the order passed in DR 61/2020) and RCT ARCT 01/2021 (directed against the order passed in DR 57/2020). The impugned judgment dtd. 6/8/2021, of the learned RCT, dismisses RCT ARCT 02/2021 and RCT ARCT 03/2021, and allows RCT ARCT 01/2021. [2] 27. Deposit of rent by the tenant. - (1) Where the landlord does not accept any rent tendered by the tenant within the time referred to in sec. 26 of refuses or neglects to deliver a receipt referred to therein or where there is a bona fide doubt as to the person or persons to whom the rent is payable, the tenant may deposit such rent with the Controller in the prescribed manner: Provided that in case where there is a bona fide doubt as to the person or persons to whom the rent is payable, the tenant may remit such rent to the Controller by postal money order.

(3.) Aggrieved, Jalveen and Khanna have both petitioned this Court. CM (Main) 644/2021, instituted by Jalveen, assails the impugned judgment insofar as it dismisses RCT ARCT 02/2021 and RCT ARCT 03/2021. CM (Main) 62/2021, instituted by Khanna, assails the impugned judgment insofar as it allows RCT ARCT 01/2021.