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2010 Supreme(Del) 226

SHIV NARAYAN DHINGRA
USHA ARORA – Appellant
Versus
NARMADA DEVI – Respondent


Advocates Appeared:
Mr. V.M. Thareja, Advocate.
None. Respondent

JUDGMENT

1. By this petition, the petitioner has assailed an order dated 17th November, 2009 passed by learned District Judge-III cum Additional Sessions Judge, Additional Rent Control Tribunal whereby an appeal of the petitioner against the order of Additional Rent Controller was dismissed.

2. The brief facts relevant for the purpose of deciding this petition are that the petitioner was contesting an eviction petition filed by the landlord on the ground of non-payment of rent. The learned ARC passed an order under Section 15 (1) of the Delhi Rent Control Act directing tenant to pay the arrears of rent within 30 days and to deposit monthly rent every succeeding month. In order to see that there was no future controversy about tendering of rent, account number of landlord was given to the tenant and the tenant was to deposit rent every month in that account. The landlord moved an application under Section 15 (7) of Delhi Rent Control Act for striking of defence of the tenant on the ground that order under Section 15 (1) was not complied with by the tenant (petitioner) and the rent was not deposited for few months and arrears of rent were also not deposited. It was contended tha





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