RAJIV KATYAL Vs. ARUN KUMAR PASWAN

JUDGEMENT

(1.) The eviction case (E-08/2011) was instituted by the petitioner (indisputably the landlord) on 21.04.2011 seeking order of eviction against the respondent herein (concededly the tenant) on the ground of non-payment of rent invoking Section 14(1)(a) of the Delhi Rent Control Act, 1958 in respect of premises described as ground floor of property No.D-217, Ganesh Nagar, Pandav Nagar Complex, Delhi110092, inter alia, on the ground that the tenant had neither paid nor tendered the arrears of rent at the rate of Rs.2400/- per month w.e.f November, 2005 in spite of notice of demand dated 07.10.2010 (Ex.PW-1/J) within a period of two months from the date of its receipt. It appears that in the pleadings the landlord had also referred to an earlier notice of demand dated 15.03.2008 (Ex.PW-1/A). It further appears that the tenant denied having been served with either of the said two demand notices and put up contest.

(2.) On the basis of evidence adduced, the Additional Rent Controller (ARC), by his judgment dated 09.01.2013, upheld the case of the landlord, returned findings including about the due service of the demand notice, particularly the demand notice dated 07.10.2010 and held the tenant to be in breach of payment of rent and passed the final order under Section 15(1) of the Delhi Rent Control Act, 1958, giving time to him to tender the arrears in terms of the directions or suffer eviction order. By subsequent order dated 22.01.2013 the ARC held the tenant to be in breach and, therefore, declined the protection under Section 14(2) of the Delhi Rent Control Act, 1958 granting an eviction order.

(3.) The said eviction order was challenged in appeal (RCA No.10/2013) by the respondent which was allowed by the Additional Rent Control Tribunal (ARCT) by judgment dated 14.05.2013.