MUNNA LAL Vs. BIMLA WATI MAHARANI

JUDGEMENT

(1.) Munna Lal, petitioner has filed this petition against the Judgment dated 13/05/1992 of Shri K.S. Gupta, Rent Control Tribunal, Delhi, vide which, (he appeal of the petitioner against the order of eviction against him, passed by Additional Rent Controller, was dismissed.

(2.) Facts leading to the filing of this petition may briefly be narratted as under:- Smt. Bimla Wati alias Maharani filed an application for eviction against Munna Lal under Section 14(l)(a)(c) & (j) of the Delhi Rent Control Act, 1958 (hereinafter referred to as "the Act"), from the disputed premises in House No. IX/1741, Kailash Nagar, Delhi. It was inter-alia pleaded that the respondent has been in arrears of rent @ Rs.350.00 per month w.e.f. 03/01/1985 and the respondent was also to pay electricity charges @ Rs.50.00 per month from the same date, which had not been paid. It has further been pleaded that unauthorised construction had also been raised by the respondent, who was also using the premises for commercial use also though, it was let out only for residential purposes. The respondent could not be served in the ordinary process and so was served by proclamation in "Veer Arjun". As the respondent failed to appear in spite of the substituted service, ex parte proceedings were ordered on 18/10/88. In support of her case, the petitioner appeared in the witness box. Shri Gurdeep Kumar, learned Additional Rent Controller came to the conclusion that notice of demand was received back unserved and thus, came to the conclusion that demand of arrears of rent was not made. He also came to the conclusion that there has not been any unauthorised construction nor there was any violation of the user by the respondent and so, the eviction petition was dismissed. Being not satisfied with this judgment, Smt. Bimla Wati filed an appeal, which came up before Shri O.P.Dwivedi, learned Rent Control Tribunal. In pursuance of a notice, issued by the Tribunal, counsel for Munna Lal appeared. Learned counsel for Bimla Wati pressed the appeal only in respect of ground of non-payment of arrears of rent and electricity charges and did not contest the findings of the Additional Rent Controller on other two grounds. The learned Rent Control Tribunal came to the conclusion that there was a valid demand notice severed upon the tenant, who had refused to accept service of the notice and Thus, vide judgment dated 26/10/1990, passed an order under Section 15(1) of the Act, directing the tenant to deposit the entire arrears of rent w.e.f. 03/01/1985 @ Rs.350.00- per month plus electricity charges @ Rs.50.00- per month within one month. The Additional Rent Controller was directed to pass appropriate orders in the matter after the expiry of the aforesaid period of one month. The matter came up before Shri Gurdeep Kumar, ARC, Delhi, who passed an order, dated 05/12/1990, holding that the respondent/tenant had not complied with the order under Section 15(1) of the Act and so was not entitled to benefit of Section 14(2) of the Act. Accordingly, a decree of eviction under Section 14(l)(a) of the Act was passed in favour of Smt. Bimla Wati and against Munna Lal, tenant. Civil Miscellaneous (Main) No. 28 of 1991 was filed by Munna Lal in the High Court on 03/01/1991, thereby challenging the order dated 26/10/1990 of Shri O.P. Dwivedi, giving directions to him under Section 15(1) of the Act to deposit the arrears of rent and the electricity charges w.e.f. 03/011985. In response to the show cause notice, reply was filed by Smt. Bimla Devi. in which, it had also been pleaded that the petition was not maintainable since the order of eviction of Munna Lal had already been passed by Additional Rent Controller on 05/12/1990, before the petition was moved in the High Court. Vide order dated 29/04/1991, the aforesaid Civil Misc.(Main) 28/91 was dismissed since the eviction order had already been passed on the basis of non-payment rent and that whatever were the rights of the petitioner, they could be questioned against the main order. R.C.A.307/91 was accordingly filed by Munna Lal against Smt. Bimla Devi before the Rent Control Tribunal on 30/04/1991, thereby challenging the order dated 05/12/1990 of the ARC, passing an order of eviction against him. This appeal came up for hearing before Shri K.S. Gupta, Rent Control Tribunal, Delhi who, vide judgment dated 13/05/1992, dismissed the same.

(3.) The present petition came up before this Court on 22/06/1992 when it was dismissed, holding that on the same subject-matter, the petitioner had earlier filed a revision petition in this court, which was dismissed on 26/10/1990 and finding no ground to interfer, the petition was dismissed. The matter was taken to the Supreme Court by Munna Lal in a Special Leave Petition, which was allowed in 08/01/1993 and without expressing any opinion on merits, it was ordered to be decided according to law on its merits after affording opportunity of hearing to both the parties.