DHANANDER KUMAR JAIN Vs. M.C.D.

JUDGEMENT

(1.) This petition is filed under Article 227 of the Constitution of India seeking to impugn the order of the Rent Control Tribunal (hereinafter referred to as the RCT) dated 09.08.2001 dismissing the petition of the petitioner/landlord for eviction on the ground of default in payment of rent under Section 14(1) (a) of the Delhi Rent Control Act (hereinafter referred to as the DRC Act).

(2.) Some of the relevant facts are that the respondent Municipal Corporation of Delhi (MCD) is a tenant under the petitioner in the premises bearing No. 1747-48 located at Gali Satyawati, Bhagirath Palace, Chandni Chowk, Delhi. The respondent was a tenant before the purchase of the property by the petitioner in 1950 at a rent of L 217.25/- per month. The first, second and third floors of the said property are with the respondent. It is further averred by the petitioner that in 1978, he was granted permission to institute eviction proceedings by the Competent Authority under the Slum (Improvement and Clearance) Act. The petitioner is said to have filed an eviction petition under Section 14(1)(a) of the DRC Act in 1981. Vide order dated 21.11.1986, the ARC granted benefit of Section 14(2) of the DRC Act to the respondent. As there is said to have been a default again in payment of rent, the petitioner issued a notice on 04.01.1988 and again filed another eviction petition under Section 14(1)(a) of the DRC Act. It is the case of the petitioner that as the respondent again committed default in payment of rent vide order dated 13.03.1989 passed under Section 15(1) of the DRC Act, the respondent was directed to pay rent w.e.f. December, 1987 and to continue to do so in future.

(3.) It is the case of the petitioner that the respondent despite the above order passed by the ARC under section 15(1) of the DRC Act dated 13.3.1989 failed to comply with the directions. The petitioner hence filed an application under section 15(7) of the DRC Act praying for appropriate orders. By order dated 17.11.1999 the ARC made the order dated 13.3.1989 passed under section 15(1) of the DRC Act as absolute.