KEWAL KRISHAN AHUJA Vs. JAGDEEP SINGH

JUDGEMENT

(1.) The petitioner is a tenant in respect of the suit property. There were perennial disputes between the tenant and the landlord inter alia in respect of the payment of rent which even resulted in proceedings filed for eviction against the petitioner under Section 14(1)(a) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the said Act) for non-payment of rent. These proceedings, however, culminated in the Tribunal upholding the stand of the petitioner/tenant.

(2.) The problem even thereafter persisted and the controversy in question relates to the payment of rent from 1.4.1993 to 30.6.1993 payable @ Rs.55/- per month. It is the claim of the petitioner that the rent for the month of April, 1993 was initially tendered and on refusal a money order was sent, which was refused. Thereafter when the rent became due for the month of May, 1993, the position was the same when rent was tendered both for the months of April and May, 1993. There was an identical position for the month of June 1993 when three months rent was tendered. The petitioner thereafter filed an application under Section 27 of the said Act.

(3.) The application filed by the petitioner has been dismissed by the Additional Rent Controller holding that the same was barred by time and that order has been upheld by the Tribunal in terms of the impugned order dated 23.7.1994 resulting in the present proceedings being filed under Article 227 of the Constitution of India.