RUKMANI DEVI Vs. RAM KUMAR

JUDGEMENT

(1.) C.M.(M) 558 of 2001 is directed against the judgment dated 25.7.2001 of the Additional Rent Control Tribunal in R.C.A. No. 282 of 1997, which appeal arose from order dated 11.3.1997 of the Additional Rent Controller in a petition under Section 14(1)(e) of the Delhi Rent Control Act whereby the Tribunal allowed the appeal and passed an order of eviction in respect of Premises No. A-10, New Gupta Colony, Delhi.

(2.) It is contended by counsel for the petitioners that the rent, as demanded, was paid and that the trial court has rightly come to the conclusion which need not be interfered with.

(3.) Heard counsel for the parties and gone through the material on record. As has been held by the Tribunal, service of notice of demand has been proved which is also not challenged before me. The only contention raised is regarding the document, Ex.RW-2/Px (money order) and its effect on documents, Ex. RW-2/A2 to RW-2/P4. RW-2/P4 is a money order coupon received by Amritpal Kaur which signifies the receipt of rent for the months of January and February, 1991 while Ex. RW- 2/A2 to RW-2/A4 are messages on the money order coupon in the hand-writing of the son of the petitioner according to which rent for the month of May, 1990 at the rate of Rs.12/- was sent while RW-2/P3 purports to be rent for the months of June and July. It bears mention of the year 1990. RW-2/P4 is the rent for five months from August, 1990 to December, 1990. Parties agree that the date of receipt '4.8.1990' is wrongly ascribed; it ought to be '4.9.1990'. If that be the position, documents, RW-2/P2 RW-2/P4, are rents received for the months from May to December, 1990. RW-2/PX is a remittance for January and February, 1991 received by Amritpal Kaur. There is no such person by the name of Amritpal Kaur in the family of the respondent. Petitioners admit that notice of demand was in respect of rent for January, 1991 onwards. Other documents upon which reliance has been placed have been dealt with by the Tribunal as under :