CHIRAGUDDIN Vs. URMILA RANI

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is filed against the impugned judgment of the Rent Control Tribunal dated 6.3.2012 which has dismissed the first appeal filed by the petitioner/appellant against the order of the trial court/Additional Rent Controller dated 21.5.2008 by which the trial court directed eviction of the petitioner/tenant in a petition filed under Section 14(1)(a) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') pertaining to non-payment of rent.

(2.) The issue in the present case is that whether a right created under Section 19 of the Slum Area (Improvement and Clearance) Act, 1956 (hereinafter referred to as 'the Slum Act') can be waived and is deemed to be waived by the petitioner/tenant in the facts of the present case.

(3.) The facts of the case are that the respondent nos.1 to 5/landlords filed an eviction petition under Section 14(1)(a) of the Act, on the ground of non-payment of rent. This eviction petition was decreed by the first court/Additional Rent Controller by the judgment dated 12.3.2007. Since in law after decreeing a petition, it has to be examined whether petitioner/tenant should be given benefit of the first default as per Section 14(2) of the Act provided that the tenant has complied with the order of deposit under Section 15(1) of the Act, proceedings consequent to the judgment dated 12.3.2007 were taken up and it was found that the petitioner/tenant had defaulted in payment of rent and consequently by the order dated 21.5.2008, benefit of Section 14(2) of the Act was denied to the petitioner/tenant and the petitioner/tenant was hence directed to be evicted from the suit/tenanted premises which is one shop in the property bearing no.1761, Main Road, Patuadi House, Darya Ganj, New Delhi. Petitioner/tenant challenged the judgment dated 12.3.2007 and the order of eviction dated 21.5.2008 before the Rent Control Tribunal but this appeal was dismissed by the Rent Control Tribunal vide the impugned judgment dated 6.3.2012.