RAM KHILARI Vs. K S GUPTA

JUDGEMENT

(1.) This is a petition filed under Article 227 of the Constitution of India, after the courts of the Addl. Rent Controller as well as the Rent Control Tribunal have held by concurrent judgments that the petitioner, on the facts of the case, was not entitled to the benefit of section 14(2) of the Delhi Rent Control Act, 1957, (for short 'the Act') and was hit by terms of the proviso thereto.

(2.) It is an admitted fact that the petitioner, on an earlier occasion, had availed of benefit of section 14 (2) of the Act, and it was admittedly a case of second default. There is no denial of the fact that notice of demand had been served by the landlords/respondents, and received by the petitioner/tenant. There is also no denial of the fact that at the time the notice was received, there had been a default in the payment of rent for preceding three consecutive months. It is also admilted that rent only of one month was sent by money order, after receipt of the notice and during the notice period.

(3.) In face of these premises, established on record of the case, it was rightly held that the petitioner was not entitled to benefit second time under section 14 (2) of the Act.