AZAD SINGH Vs. BABU CHAND

JUDGEMENT

(1.) BY way of the present petition under Article 227 of the Constitution of India, the petitioner has assailed judgment dated 6 th August 2013 passed by the DJ -CUM -ARCT (West), Tis Hazari Courts, Delhi whereby the appeal filed by the respondent against the order of the ARC dated 7 th May 2012, was allowed.

(2.) BRIEF facts for the purpose of adjudication of the present matter are that the petitioner had filed an eviction petition against the respondent for non -payment of rent under section 14 (1) (a) of the Delhi Rent Control Act (hereinafter referred to as "the Act") in respect of one room on the ground floor of the property bearing no. 2400 -A/1, Gali No.19, Shadi Pur, Ranjit Nagar, New Delhi (hereinafter referred to as the "suit premises"). While it was the case of the petitioner that rate of rent of the suit premises was Rs. 350/ - per month in the year 1989 which had been increased to Rs. 1,000/ - per month, but thereafter it had been increased by the petitioner by legal notice dated 17th May 2007 upto Rs. 3,500/ - per month w.e.f. 1st June 2007; on the other hand, it was the case of the respondent that the rate of rent was Rs. 300/ - per month initially and that the same is still similar till date.

(3.) VIDE order dated 8th June 2012, when the matter was kept for consideration of benefit under section 14 (2) of the Act, the learned trial court recorded that as per the report of the Nazir that the respondent had not complied with the modified order dated 7th May 2012 under section 15 (1) of the Act which amounted to second default and so the respondent was directed to be evicted from the suit premises.