JATAV SUDHAR SAMITI Vs. SUSHMA MITTAL

JUDGEMENT

(1.) The present petition under Article 227 of the Constitution of India impugns the order dtd. 13/2/2024 passed by the learned District Judge, Commercial Court-05, South East District, Saket Courts, New Delhi in CS (COMM) No.289 of 2022 titled as "Sushma Mittal vs Jatav Sudhar Samiti". The petitioners herein are the defendants and the respondent herein is the plaintiff before the learned Trial Court.

(2.) A brief history of facts leading to the present petition are that the petitioner no. 1 herein is a registered society, registered with the Registrar of Firms and Societies, Delhi. The husband of the respondent is the proprietor of M/s Rajasthan Sales corporation, carrying out his business in shop no.6 & 7 of property no.1865/1, Ravi Das Basti, Kotla Mubarak Pur, Delhi-110003. The respondent is an old tenant in the aforementioned shops, who had been paying rent at Rs.220.00 per month.

(3.) It is the case of the petitioners that the husband of the respondent herein had not paid the rent to the petitioner society since January, 2015. The petitioners approached the respondent and demanded that rent as well as arrears due from January 2015 be paid, however the respondent failed to do so, compelling the petitioners to send a legal notices dtd. 4/2/2021 and 04. 05.2021 thereby terminating the tenancy. The petitioners then went on to file a petition under Sec. 14(1)(a) of the Delhi Rent Control Act, 1958 titled as "Jatav Sudhar Samiti vs Mangal Sain" vide CS No.24-25/2021, which is currently at the stage of evidence.