NARAIN DASS P. GODHWANI Vs. NENU MAL

JUDGEMENT

(1.) Caveat No. 712/2014

(2.) The facts of the case are that the petitioner was a tenant of the suit/tenanted premises comprising of a basement of approximately 800 sq. ft. in the property no. II-D/41-B, Lajpat Nagar, New Delhi at a rent of Rs. 800/- per month under a rent deed dated 9.4.1987. The rent was subsequently enhanced to Rs.880/- per month w.e.f January, 1996. Sh. Nenu Mal/landlord served a legal notice dated 14.5.1996 to the petitioner/tenant to pay the arrears of rent w.e.f 1.2.1996, but since according to the respondent/landlord the legal notice was not complied with by paying or tendering the rent within a period of two months, the subject eviction petition was filed.

(3.) It may at this stage be noted that the defence of the petitioner/tenant was struck off vide order dated 6.10.2005 on account of non-compliance of the order to pay pendente lite rent under Section 15(1) of the DRC Act passed on 29.7.2004. The petitioner/tenant has therefore led no evidence. Also in this regard it must be noted that there cannot be such cross-examination in a case where defence has been struck off which cross examination will amount to allowing a tenant to lead evidence on a defence which does not exist on account of defence being struck off.