EKTA CARMENTS Vs. SWATANTRA KAUR

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed by EKTA Garments, hereinafter referred to as the petitioner challenging the order of the Rent Control Tribunal dated 14.2.1990 whereby the order of the Addl. Rent Controller dated 13.12.89 striking out the defence of the petitioner was confirmed and the appeal against that order was dismessed.

(2.) In brief, the facts of the case are that the Addl. Rent Controller passed an order under Section 15(1) of the Delhi Rent Control Act on 24.2.1987 directing the petitioner tenant to pay or deposit the arrears of rent w.e.f., I.I 1.85 at the rate of Rs.240.00 per month. The arrears were to be paid within one month from the date of the order and future rent month by month by 15th of each succeeding month. The petitioner, as per the order of the court, paid a sum of Rs. 4080.00 as arrears of rent to the landlady but failed to pay or deposit rent for October, 1988 onwards in the court of the concerned Addl. Rent Controller necessitating the respondent landlady to file an application under Section 15(7) of the Delhi Rent Control Act for striking out the defence of the tenant petitioner herein.

(3.) In his reply to that application the tenant pleaded that he has been tendering rent to the landlady regularly and paid Rs.4080.00 as arrears from 1.11.1985 to 9.3.1987 and also continued to pay future rent upto September, 1988. Thereafter the landlady avoided to accept the rent and to issue rent receipts and he sent the rent by money order but the landlady refused to accept the same and ultimately he deposited the rent in the court of Gurdeep Kumar, Addl. Rent Controller. He denied that there was any willful or contumacious default on his part.