KEWAL KRISHNAN WADHERA Vs. JAI GOPAL KAPOOR

JUDGEMENT

(1.) A petitioner under Section 14(1) (a) of the Delhi Rent Control Act was filed by the respondent against the petitioner on account of non-payment of arrears of rent. However, an order was passed by the Additional Rent Controller under Section 14(2) on 14.1.1988 giving benefit under Section 14(2) of the Act to the petitioner. It seems that thereafter the petitioner committed default in payment of rent w.e.f. 1.10.1988 till 31.12.1988. A notice of demand was sent by the respondent to the petitioner on 6.1.1989. In spite of notice of demand, the petitioner failed to pay the arrears of rent in terms of the demand notice. A decree of eviction under Section 14(1)(a) was passed by the Additional Rent Controller on 1.2.1991.

(2.) Aggrieved by the said order, the petitioner preferred an appeal to the Rent Control Tribunal who also upheld the decision of the Additional Rent Controller and dismissed the appeal of the petitioner.

(3.) Aggrieved by the dismissal of the appeal by the Rent Control Tribunal, the present petition under Article 227 of the Constitution of India has been filed by the petitioner. Mr. Vikram Jaitley, learned counsel for the petitioner has relied upon Shri J. Mahajan Vs. Smt. Lita Lila Kapoor 1979 (2) RCR 625 and Debi Ram Vs. Devi Chand 1992 DLT (46) 705 and has contended that there was no default as two months' rent was sent by money order and third month's rent was not due. He has contended that in terms of Section 26(1) of the Delhi Rent Control Act it was only on the 15th day the rent became payable and due.