BHAIYA LAL Vs. RAMJI DASS DHAMIJA

JUDGEMENT

(1.) THE present petition is filed by the petitioner/tenant, praying inter alia for setting aside the order dated 05. 09. 2009 passed by the Rent Control tribunal in an appeal preferred by the petitioner against an order dated 13. 02. 2009 by which, the learned Addl. Rent Controller allowed the eviction petition filed by the respondent/landlord under Section 14 (1) (a) of the Delhi rent Control Act (hereinafter referred to as the Act ).

(2.) BRIEFLY stated, the facts of the case are that the respondent/landlord is the owner of the premises bearing No. Y-906, Camp No. 1, Nangloi, Delhi. The petitioner is a tenant under the respondent in respect of one room, kitchen and toilet on the first floor and one hall, toilet and bathroom above the said property. As per the respondent/landlord, the monthly rent of the premises is Rs. 2,000/- exclusive of water and electricity charges whereas as per the petitioner/tenant, the rate of rent is Rs. 1,000/-per month exclusive of water and electricity charges. The respondent/landlord approached the court of the learned Rent Controller by filing a petition under section 14 (1) (a) of the Act, stating inter alia that the petitioner/tenant was a habitual defaulter in making the payment of rent and did not pay rent w. e. f. 01. 09. 2005 to 31. 05. 2007, despite legal demand notice dated 10. 04. 2007 by which, the tenancy of the petitioner was terminated. Hence, an eviction order was sought against the petitioner/tenant.

(3.) SUMMONS were issued to the petitioner/tenant in the aforesaid petition whereafter, written statement was filed by him. While the petitioner admitted the relationship of landlord and tenant between the parties and receipt of the legal notice dated 10. 04. 2009, he denied the fact that he was in arrears of rent. He claimed that he had paid the rent upto 30. 11. 2006, but the respondent/landlord did not accept the rent thereafter, which was sent through money order. After completion of pleadings, an interim order dated 03. 12. 2007 was passed whereunder, the petitioner was directed to deposit or pay to the respondent/landlord uptodate rent @ Rs. 1,000/- per month w. e. f. 01. 12. 2006, within a period of one month, and continue to pay future rent by the 15th day of each succeeding month, under the provisions of Section 15 (1) of the Act. As the petitioner failed to comply with the aforesaid order, his defence was struck off vide order dated 22. 05. 2008 and the respondent/landlord was called upon to lead his evidence. After hearing the parties, the learned Addl. Rent Controller held that the respondent/landlord had been able to prove all the ingredients of Section 14 (1) (a) of the Act. As a result, the petition was decided in his favour and against the petitioner herein, vide order dated 13. 02. 2009.