ADIL HUSSAIN Vs. AMTUL SHAMIM

JUDGEMENT

(1.) The respondent filed an eviction petition against the petitioner under Section 14(1)(a) of the Delhi Rent Control Act, 1958 (in short the DRC Act) claiming himself to be the landlord/owner of property bearing No. 343, Gali No.18, Jafrabad, New Seelampur, Delhi. The petitioner is a tenant in respect of one shop measuring 10 feet x 7 1/2 feet situated on the ground floor of the property. The tenancy was created in the year 1990 and the rate of rent at the time of filing of the petition was Rs. 1000/- per month apart from Rs. 300/- towards electricity charges which were provided to the petitioner from electricity connection in the name of the husband of the respondent. It is stated that the petitioner has neither paid any rent nor electricity charges since May 2003 and hence a notice dated 29th May, 2004 was sent by the respondent to the petitioner through registered post as well as UPC, however despite service of notice the petitioner neither paid the rent nor replied. The notice sent through registered post was received back unserved with remarks "intimation delivered".

(2.) In the written statement filed by the petitioner service of notice was denied. It was stated that rent of tenanted premises was Rs. 100/- per month excluding electricity charges. Since the inception of tenancy, the husband of the respondent represented himself as the landlord and the rent was paid to the husband of the respondent every month @ Rs. 100/- per month from inception of the tenancy up to 31st March, 2004. Later it was revealed that the husband of the respondent was not the landlord and thus the petitioner approached the respondent to tender the arrears of rent with effect from 1st April, 2004 to 30th June, 2005 @ Rs. 100/- per month which she refused to accept. Thus, the petitioner deposited the same before the learned ARC.

(3.) The learned ARC decided the relationship of landlord tenant in favour of the respondent and determined that the rate of rent of the premises in question @ Rs. 1000/- per month along with electricity charges @ Rs. 300/- per month with effect from May 2003 till date and directed to deposit the same within one month from the date of order with liberty to adjust the rent already deposited in the Court vide order dated 4th July, 2009. The appeal filed by the petitioner was also dismissed vide impugned order dated 2nd July, 2010.