NARAIN DASS P GODHWANI Vs. NENU MAL

JUDGEMENT

(1.) Allowed subject to all just exceptions. The respondents / landlords filed an eviction petition against the petitioner / tenant under Section 14(1)(a) of the Delhi Rent Control Act, 1958 ( hereinafter to be referred to as, 'the said Act' ) on account of non-payment of rent in respect of the tenanted premises.

(2.) The Additional Rent Controller ( hereinafter to be referred to as, 'the ARC' ) in the said proceedings considered the issue of interim deposit of rent in terms of Section 15(1) and 15(7) of the said Act. The relevant provisions read as under :-

(3.) There was no dispute about the landlord-tenant relationship or of the initial rate of rent at Rs.800/- per month, but the dispute arose on account of the claim by the original landlord (predecessor-in-interest of the respondents / L.R.s) that the notice was served for enhancement of rent as permitted by Section 6-A of the said Act, but the enhanced rent was not paid. The petitioner disputed the receipt of the notice and claimed that the enhanced amount was not payable. It was further submitted that rent was being regularly deposited under Section 27 of the said Act. The ARC passed an order on 29.07.2004 directing the petitioner to either pay or deposit rent @ Rs.880/- per month w.e.f. 01.02.1996, @ Rs.968/- per month w.e.f. 01.06.2000 and @ Rs.1,064.80 per month w.e.f. 01.03.2004 till the last date of the preceding month within one month from the date of the order and to continue to either pay or deposit the future rent on or before the 15th of each succeeding English calender month. It was also observed that the order was subject to the payment already made by the respondent by way of deposit in various courts under Section 27 of the said Act.