MAHA RANI Vs. KAYUM KHAN

JUDGEMENT

(1.) CHALLENGE by means of this petition under Article 227 of the Constitution of India is to the impugned order of the First Appellate Court dated 28.8.2012 by which the First Appellate Court hearing the appeal under Section 38 of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') has condoned the delay in depositing the rent pursuant to the final judgment of the Additional Rent Controller dated 31.3.2009. The amount was to be deposited in terms of the final judgment dated 31.3.2009 within one month as per the law, but, the amount was paid to the landlord only on 12.1.2012 i.e. after about two years and ten months. Thus the First Appellate Court has condoned the delay of about two years and ten months in complying with the directions for deposit made in the judgment dated 31.3.2009.

(2.) THE facts of the case are that the petitioner/landlord filed a petition for eviction against the respondent/tenant under Section 14(1)(a) of the Delhi Rent Control Act, 1958 which pertains to eviction for non -payment of rent. In this petition, interim order dated 1.9.1999 under Section 15(1) of the Act for payment of admitted rent was passed @ Rs.600 per month as the respondent/tenant claimed that the rent was Rs.600 per month and not Rs.1815/ - per month as was the case of the petitioner/landlord. The petitioner/landlord however succeeded at the final stage in proving the rate of rent @ Rs.1815/ - per month and the rate of rent was held not to be Rs.600 per month as was contended by the respondent/tenant, and consequently when the final judgment was passed on 31.3.2009, the respondent/tenant was directed to deposit the difference of rent i.e. the difference between Rs.600 and Rs.1815 per month. The interim order for payment of admitted rent @ Rs.600 per month under Section 15(1) of the Act was passed on 01.9.1999. The respondent/tenant therefore in terms of the final judgment dated 31.3.2009 had to pay the amount of approximately Rs.2,12,685/ - within one month from 31.3.2009, but, this payment was made only on 12.1.2012.

(3.) THE issue before the present Court is that whether the delay is entitled to be condoned, and that too a long delay of two years and ten months, merely because appeals are filed challenging the judgment of the Additional Rent Controller dated 31.3.2009.