NIRMAL DEVI Vs. POONAM & ORS.

JUDGEMENT

(1.) The petitioner admittedly is the landlady qua the respondents in respect of the demised premises described as property bearing no.L-26/8, Laxmi Nagar, Delhi-110 092. It appears the premises were let out initially in the name of Mr. Kamal Kumar at the agreed monthly rent of Rs. 400/-. Mr. Kamal Kumar having died on 15.02.2005, the respondents have stepped into his shoes and have become the tenants under the petitioner.

(2.) The petitioner issued a legal notice on 07.08.2007, through counsel, demanding payment of arrears of rent, inter alia, stating that by virtue of the discretion vested in him under Section 6A of Delhi Rent Control Act, 1958, he was entitled to increase the rent. He also alleged that the respondent had run into arrears, not having paid the rent with effect from 01.03.2005. While demanding the payment of arrears of rent at the agreed rate of Rs. 400/- p.m. with effect from 01.03.2005 and at Rs. 440/- p.m. with effect from 01.09.2005 alongwith interest at the rate of 15% p.a. in terms of Section 26 of Delhi Rent Control Act, 1958, the petitioner also sought a compliance or response to the said legal notice within two months of the date of its receipt. It appears the respondent sent a reply on 16.08.2007 denying being in arrears of rent or being liable to pay the rent at the rate, or for the period, or interest as demanded, referring in this context to deposit of rent under Section 27 of Delhi Rent Control Act, 1958.

(3.) The Additional Rent Controller, by an interim order under Section 15(1) of Delhi Rent Control Act, 1958, passed on 14.07.2009, declined to grant any benefit to the landlady/petitioner vis-a-vis the increased rate of rent or interest on the arrears as alleged. He bound the respondents with the direction for payment of arrears of rent with effect from March 2005 at the agreed rate of rent of Rs. 400/-.