HARISH AHUJA Vs. S P MINOCHA

JUDGEMENT

(1.) RESPONDENT/landlord had let out shop bearing No. 6, ground floor f-14/20, Model Town-II, Delhi to petitioner/tenant for non-residential purpose. On 14. 8. 2001, respondent/landlord had filed eviction petition under section 14 (1 ) (a) of the Delhi Rent Control Act, 1958 (hereinafter referred to, as 'the DRC Act') bearing No. E-118/2001 against respondent/landlord seeking eviction on the ground of non-payment of rent. The said petition was disposed of by learned Addl. Rent Controller vide order dated 16th november, 2002 directing the petitioner/tenant to pay the entire arrears of rent w. e. f. 1st September, 2000 uptil the date after adjusting the amount which he had already paid or deposited in compliance of order under section 15 (1) of the DRC Act. It was further observed that as it was a case of first default and in the event of petitioner/tenant complying with the order under section 15 (1) of the DRC Act, he shall be entitled to the protective umbrella of section 14 (2) of the DRC Act and shall escape eviction.

(2.) PETITIONER/tenant has alleged that thereafter he had been regularly paying rent by way of money order to the respondent/landlord which was accepted by him till 28th February, 2004. For the month of March, 2004 to june, 2004, rent was tendered by way of money order but respondent/landlord avoided to accept the same as such petitioner deposited the rent for the period from 1st March, 2004 to 31st July, 2004 by filing a petition under section 31 of the Punjab Relief of Indebtedness Act, 1934 (hereinafter referred to as 'the Punjab Act') before Senior Civil Judge, Delhi. Respondent/landlord opposed said petition by filing objections. Learned senior Civil Judge vide orders dated 14th December, 2004 disposed of the said petition by discharging the petitioner/tenant to the extent of amount deposited. Thereafter, petitioner/tenant kept on tendering the rent personally as well as by money order but respondent/landlord evaded to accept the same to create a ground of eviction. Thereupon, respondent/landlord sent a notice dated 13th December, 2004 demanding rent w. e. f 1st March, 2004 to 30th November, 2004 including the rent which was already deposited by the petitioner under the Punjab Act. Immediately on receipt of notice, petitioner/tenant tendered the rent by way of money order for the period from 1st August, 2004 onwards but the same was refused. Thereafter, petitioner deposited the rent from 1st August, 2004 to 28th February, 2005 within two months of receipt of aforesaid notice, by filing a petition under section 27 of the DRC Act. Petitioner further deposited the tent for the period from March, 2005 to June, 2005 under section 27 of the DRC Act and the learned ARC granted liberty to landlord/respondent to withdraw the same without prejudice to his rights and contentions. Despite having deposited the entire rent, respondent/landlord filed another eviction petition under section 14 (l) (a) of the DRC Act on 26th October, 2005 bearing no. E-203/06/05 alleging that petitioner/tenant has committed second default in paying the arrears of rent. It is alleged that petitioner has failed to make valid tender of the rent for the period from 4. 3. 2004 to 30. 9. 2005 @ rs. 1045/- per month despite service of legal notice dated 13th December, 2004.

(3.) PETITIONER/tenant filed a written statement alleging that petition was filed with a mala fide design to evict him from the premises and he has not defaulted in payment of rent and the entire rent stood paid. Learned Addl. Rent Controller vide judgment dated 22nd July, 2006 passed an eviction order against the petitioner/tenant in respect of the aforesaid premises. Learned ARC relying on the judgment of Atma Ram v. Shakuntala Rani, air 2005 SC 3753 : 2005 (85) DRJ 244 (SO held that deposit of rent for the period from 1st March, 2004 to 3. 1st July, 2004 under the provisions of punjab Act before learned Senior Civil Judge was not a valid tender in the eye of law and accordingly held that petitioner/tenant has committed second default in payment of arrears of rent and passed eviction order in respect of the aforesaid premises in favour of landlord/respondent and against petitioner/tenant.