VIJAY SHARMA Vs. BHAGWANTI DEVI

JUDGEMENT

(1.) This is a petition by the tenant impugning the concurrent judgments of the courts below; of the Additional Rent Controller dated 28.1.2012 and the Rent Control Tribunal dated 13.2.2014; by which the eviction petition under Section 14(1)(a) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') for non-payment of rent was decreed. Eviction order however was not passed and benefit of Section 14(2) of the Act has been given to the petitioner/tenant and which aspect has become final as the respondent/landlady has not challenged the grant of benefit of Section 14(2) as per which when there is a first default under Section 14(1)(a) there is no eviction if the tenant deposits the rent pursuant to an order under Section 15(1) of the Act.

(2.) In a petition for non-payment of rent, three aspects are required to be established. First is the relationship of landlord and tenant. Second is the service of demand notice, and third is non-payment of arrears within two months of service of the demand notice.

(3.) So far as the aspect of relationship of landlord and tenant is concerned, the Additional Rent Controller has dealt with this aspect in paras 12 to 16 of the judgment dated 28.01.2012 and these paras read as under:-