The main legal point established in the judgment is that 'rent' includes contractual rent, interest on delayed payment, and statutory increase of rent for the purposes of eviction under the Rent Control Act, 1958.

Manmohan, J.

1. Present petition has been filed under Articles 226 and 227 of Constitution of India challenging the orders dated 05th July, 2006 and 16th September, 2006 passed by the Additional Rent Control Tribunal, Delhi.

2. Since for the last five hearings, none has appeared for the respondent despite the respondents Counsel having been specifically informed by Mr. Pankaj Gupta, Amicus Curiae, I am left with no other option but to proceed with the hearing of the matter. Accordingly, the present case is taken up for final disposal.

3. Petitioner-landlord who appears in person submitted that the Additional Rent Control Tribunal has decided the matter contrary to the explicit directions given by this Court vide judgment dated 01st December, 2005 in CM(M) 661/2003 while remanding the matter back to the Tribunal.

4. Briefly stated the material facts of this case are that petitioner-landlord let out one room with attached WC/bathroom on Barsati (top floor) of property bearing No. B-48, South Extension, Part-I, New Delhi-110049 to the respondent at a monthly rent of Rs. 700/-. Rent was payable in advance for each month on or before the 7th day of the concerned month.

5. Since the respondent-tenant did not pay rent for five months i.e. from May, 1992 to September, 1992 at the rate of Rs. 897/- prevalent at that time, petitioner-landlord issued a notice of demand dated 10th September, 1992 asking the respondent-tenant to pay not only the outstanding arrears of rent of five months but also up-to-date rent till the date of payment as well as the interest on arrears in accordance with Section 26(1) of the Delhi Rent Control Act, 1958 (hereinafter referred to as "Act 1958") and other charges. However, as respondent-tenant only offered to pay outstanding arrears of rent of five months without any interest and without making payment of rent for October, 1992, which was due and payable by the said date, the petitioner-landlord refused to accept the same.

6. On non-acceptance of part payment of rent, respondent-tenant deposited on 23rd October, 1992 the said part payment before the Court below under Section 27 of the Act 1958.

7. On 31st March, 1993, the Additional Rent Controller passed an order under Section 15(1) of the Act 1958 giving benefit of first default under Section 14(2) read with Section 15(1) of the Act, 1958 to the respondent-tenant. The relevant portions of Sections 14 and 15 of Act, 1958 are reproduced hereinbelow:

14. Protection of tenant against eviction.

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.(2) No order for the recovery of possession of any premises shall be made on the ground specified in Clause (a) of the proviso to Sub-section

.(1) if the tenant makes payment or deposit as required by Section 15:

Provided that no tenant shall be entitled to the benefit under this sub-section, if, having obtained such benefit once in respect of any premises, he again makes a default in the payment of rent of those premises for three consecutive months.

xxxxx xxxxx xxxxx

15. When a tenant can get the benefit of protection against eviction - (1) In every proceeding of the recovery of possession of any premises on the ground specified in Clause (a) of the proviso to Sub-section (1) of Section 14, the Controller shall, after giving the parties an opportunity of being heard, make an order directing the tenant to pay to the landlord or deposit with the Controller within one month of the date of the order, an amount calculated at the rate of rent at which it was last paid for the period for which the arrears of the rent were legally recoverable from the tenant including the period subsequent thereto up to the end of the month previous to that in which payment or deposit is made and to continue to pay or deposit, month by month, by the fifteenth of each succeeding month, a sum equivalent to the rent at that rate.

(2) If, in any proceeding for the recovery of possession of any premises on any ground other than that referred to in Subsection (1), the te