SERVICE BUREAU OF INDIA Vs. AARTI PHULL

JUDGEMENT

(1.) Challenge by means of this petition under Article 227 of the Constitution of India is to the impugned order of the Additional Rent Controller dated 01.8.2013 which has allowed the amendment application filed by the landlord/respondent (petitioner in the eviction petition) to amend his eviction petition to correct the typographical mistake of the date of the legal notice from 07.8.2009 to 10.8.2009.

(2.) The facts of the case are that the respondent/landlord filed a petition for eviction of the petitioner/tenant under Sections 14(1)(a) and 14(1)(e) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the Act ). With respect to an eviction petition for non-payment of rent under Section 14(1)(a), a legal notice has to be served upon the tenant by the landlord giving the tenant two months time to pay the arrears of rent, and if the tenant does not pay the arrears of rent within two months, thereafter cause of action accrues for filing of the eviction petition under Section 14(1)(a) of the Act.

(3.) In the eviction petition, the petitioner stated that the legal notice under Section 14(1)(a) of the Act with respect to cause of action under Section 14(1)(a) was dated 07.8.2009. It is, however, not disputed that along with the eviction petition, the legal notice which was filed was dated 10.8.2008.