BHAGWAN SINGH VERMA Vs. RAJENDER SINGH

JUDGEMENT

(1.) CM NO. 4122/2015 (Exemption) Allowed, subject to all just exceptions. CM(M) 186/2015 and CM No.4121/2015 (Stay) The Petitioner is aggrieved by the order dated 19th November, 2014 whereby benefit under Section 14 (2) of the Delhi Rent Control Act, 1958 (in short 'the DRC Act') was not given to the Petitioner and the eviction petition of the Respondent under Section 14 (1) (a) of the DRC Act was allowed and the order dated 16th January, 2015 passed by the Rent Control Tribunal dismissing the appeal of the Petitioner.

(2.) IN the eviction petition, the Respondents pleaded that they have let out a shop measuring approximately 20x10 ft. being private Shop No. 3 situated on the ground floor of Property WZ -2, Tatarpur, New Delhi -110027. The Petitioner was running a jewellery shop from the tenanted premises and an eviction petition was filed by the Respondents against the Petitioner for the same premises under Section 14(1) (a) of the DRC Act and the same was allowed vide the judgment dated 28th July, 2000. However, after the first default, the Petitioner again defaulted in payment of rent @ Rs.644.16 per month from 1st April, 2006 to 30th November, 2006 totaling to Rs.5,153.28 and from 1st December, 2006 to 29th February, 2008 @ 708/ - per month totaling to Rs.10,628.70. The Respondents enclosed the last rent receipt for the month of March, 2006. Thus the second default having been committed by the Petitioner, he is not entitled to the benefit of Section 14 (2) of the DRC Act and an eviction order was passed.

(3.) A notice dated 27th June, 2007 was sent to the Petitioner by late Shri Raghunath Singh, father of the Respondent No.1 and husband of Respondent No.2 the erstwhile owner of the property through the counsel by way of Registered Post on 28th June, 2007 and UPC on 29th June, 2007 which were duly served upon the Petitioner. However, the notice was neither replied nor complied with till the filing of the eviction petition.