RAM KISHAN GUPTA Vs. NATHU RAM GUPTA

JUDGEMENT

(1.) THE petitioners have filed this petition challenging the order dated 20.8.1991 of Shir M.K. Gupta, Additional Rent Controller, Delhi thereby allowing the application of the landlords under Section 15(7) of the Delhi Rent Control Act (hereinafter referred to as the 'Act') and striking off the defence of the petitioner/tenant in the eviction proceedings filed against them by the respondents dismissing his application under Section 151 and 153, Civil Procedure Code, as also the order dated 27.11.1992 of Shri K.S. Gupta,Rent Control Tribunal, Delhi, thereby dismissing his appeal.

(2.) BRIEFLY stated, the facts leading to the filing of this petition are that the respondents filed a petition under Section 14(1)(a) of the Act against the petitioner/tenant for his eviction from premises No. 24/6, Naraini Bhawan. It was inter alia pleaded by owner/landlord that Ram Kishan Gupta has been a regular defaulter in making the payment of arrears of rent at the rate of Rs. 145/- per month, excluding electricity and water charges, which is recoverable from 1.9.1988 and Rs. 520/-, which has neither been paid nor tendered.

(3.) IN the meantime, an application under Section 15(7) of the Act was moved by the landlord, which was taken up on 17.11.1989 and notice was ordered to be issued. The tenant (petitioner herein) filed a reply, inter alia, stating that no order under Section 15(1) of the Act was passed in his presence. An application under Section 151 and Section 153, Civil Procedure Code was also made by the tenant with a prayer that correction be made of the order dated 8.8.1989 on the plea that neither the tenant nor his counsel was present and the said order has been passed without hearing arguments. Replies were filed by the landlords, controverting the averments made in the applications and after hearing counsel for the parties, the application under Section 15(7) of the Act, moved by the landlord (respondent herein) was allowed and the defence of the tenant was struck off. Application under Section 151/153, Civil Procedure code of the tenant was dismissed. The appeal filed by the tenant against the said order has been dismissed by the learned Rent control Tribunal.