AMRIT LAL WADHERA Vs. SAROJ SUNEJA

JUDGEMENT

(1.) This Revision Petition is preferred under Sec. 25B (8)1 of the Delhi Rent Control Act, 1958 2 read with Article 227 3 of the Constitution of India by the petitioner, who was the tenant, against the impugned order dtd. 2/11/2017 passed in favour of the respondent i.e., the landlady, by learned Additional Rent Controller, Pilot Court (Central), Tis Hazari Courts, Delhi 4 in the Eviction Petition titled as 'Saroj Suneja v. Sh. Amrit Lal Wadhera', bearing no. E-752/17 (Old No. 643-A/17) under Sec. 14(1)(e) 5 of the DRC Act.

(2.) The petitioners, vide rent deed dtd. 15/2/1985 had taken the private shop No. 798, Chhota Bazar, Kashmere Gate, Delhi-110006 6 on rent from Shri Anand Prakash at a monthly rent of Rs.100.00. It is the case of the petitioners that they were carrying out their business activities from the tenanted premises, however, it was closed for sometime since petitioner No. 1 was unable to do any business activity as he is an old man of more than 78 years of age who was suffering from various old age ailments. The petitioners used to pay rent to Shri Dilbagh Rai Suneja but after his demise, Smt. Saroj Suneja collected the rent on a monthly basis. The petitioners alleged that the respondent then pressurized them to pay the rent in advance post which rent was paid in advance for 3 to 6 months. Furthermore, petitioners stated that the respondent stopped issuing any receipt after payment of the rent.

(3.) The respondents filed an eviction petition under Sec. 14(1)(e) read with Sec. 25B of the DRC Act against the petitioners in respect of the tenanted premises on 17/8/2017. The ensuing proceedings resulted in passing of the impugned order dtd. 2/11/2017, which reads as under:-