USHA JAIN Vs. SUSHIL KUMAR GUPTA

JUDGEMENT

(1.) BY way of the present petition under Article 227 of the Constitution of India, the petitioner has assailed orders dated 3 rd January, 2011 passed by the learned Trial Court and order dated 6th October, 2012 passed by the learned Appellate Tribunal.

(2.) BRIEF facts for the purpose of adjudication of the present petition are that the petitioner filed an eviction petition under Section 14(1)(a) of the Delhi Rent Control Act, 1958 (hereinafter referred to as "the Act") against the respondent in respect of a premises comprises of the Eastern Flat on the first floor in property bearing no. H.No. XI/4236 situated at Shri Raj Krishen Jain Street, 1, Ansari Road, Daryaganj, New Delhi - 110002 (hereinafter referred to as "the suit premises").

(3.) THE respondents in their written statement denied the failure of payment of rent w.e.f. 1st March, 2004 and it was stated that rent for the month of March to May, 2004 had been deposited in Court pursuant to the permission dated 12th March, 2004. It was also stated that rent for the period of June to August, 2004 was tendered to the petitioner by way of the money order which was refused by the petitioner as reported by the postal authority. Consequently, the respondents filed a petition under Section 27 of the Act to deposit rent and in pursuance to an order therein, they deposited the rent for the said period in the Court. It was further stated that respondents had not committed any default and were regularly making payments of rent in respect of the suit premises.