HINDUSTAN EVEREST TOOLS LIMITED Vs. SHAKTI KUMAR

JUDGEMENT

(1.) This order shall also dispose of SAO No. 143 of 1985, Hindustan Everest Tools Ltd. v. Mr. Rakesh Kumar as it arises out of a common order and involve common question of law. The sole question which requires determination in these appeals is whether the notice dated April 19, 1982 served on the appellant/tenant was a "notice of demand for arrears of rent" within the meaning of the expression used in proviso (a) to sub-section (1) of Section 14 of the Delhi Rent Control Act, 1958 (for short 'the Act').

(2.) By means of two separate lease deeds, both dated December 18, 1979, the appellant M/s Hindustan Everest Tools Ltd., took on lease shop Nos. FF-1 and FF-2, Dohil Chambers, 46, Nehru Place, New Delhi on rent- FF-1 from Rakesh Kumar on a monthly rent of Rs. 4071.50 and FF-2 from Shakti Kumar on a monthly rent of Rs. 2600.00 . On November 16, 1982, Rakesh Kumar brought a petition (E-603/82) for eviction of the appellant from the said premises. A similar application (E-619/82) was filed by Shakti Kumar on November 23, 1982. Both of them claimed eviction on the grounds contained in clauses (a), (j) and (k) of the proviso to Sub-section (1) of Section 14. The grounds under clauses (j) and (k) were later on given up. As regards ground under clause (a) the plea raised by both the landlords was that the tenant had neither paid nor tendered the arrears of rent due from February, 1982 in spite of service of notice in April, 1982.

(3.) The tenant resisted both the petitions on identical grounds. The main plea raised was that it was not liable to pay rent as it had been deprived of the facilities of water, electricity and lift resulting loss of business. It was also alleged that no legal and valid notice had been served on it.