BALWANT KUMAR Vs. PRABHU DAYAL

JUDGEMENT

(1.) THIS petition is directed against the order dated 2-4-1992 passed by the Rent Control Tribunal, Delhi which arises out of the order dated 31-7-1991 passed by the Addl. Rent Controller, Delhi. Learned counsel for the petitioner submits that Section 15 (2) of the Delhi Rent Control Act is only regulatory provision with regard to the filing of an application by the landlord for direction for deposit of rent. He further submits that it was incumbant upon the landlord to move an application under Section 15 (2) of the Act because the ground for eviction against the tenant is non payment of rent besides other grounds which he had taken. In support of his contention he has placed reliance upon the judgment of the Supreme Court as reported in AIR 1960 SC 444, AIR 1961 SC 840 and AIR 1962 SC 113. The ratio of the aforesaid decisions that "a directory provision is intended to be obeyed but a failure to obey it does not render a thing duly done in disobedience of it, a nullity." Counsel for the petitioner, therefore, contends notwithstanding his client having moved an application under Section 15 (2) of the Act, the Rent Control Tribunal was fully competent to give such directions for deposit of arrears of rent to the respondent.

(2.) IN reply learned counsel for the respondent contends that respondent was not given an opportunity to deposit arrears of rent. IN view of the order passed by the Addl. Rent Controller under Section 15 (2) of the Act he would have been given time to file documents in this regard. The documents which have been filed by the respondent after the passing of the order be considered before any final order is passed by the Addl. Rent Controller. IN this view of the matter, the revision petition is allowed the order of the Rent Control Tribunal dated 2nd April, 1992 is set aside and the order of the Addl. Rent controller dated 31st July, 1991 is confirmed. The arrears of rent be deposited within . 8 weeks from today. IN the circumstances of the case, the parties are left to bear their own costs.