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2012 Supreme(Del) 150

INDERMEET KAUR
R. K. Surekha – Appellant
Versus
J. P. Jain & Sons (Huf) – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Mr. Anil Airi, Adv.
For Respondents/Defendant: Mr. Pramod Kumar, Adv.

JUDGMENT

Indermeet Kaur, J.

1 The order impugned is the order dated 27.07.2001 which has been passed by the Additional Rent Control Tribunal (ARCT) endorsing the finding of the Additional Rent Controller (ARC) dated 03.12.1999 whereby the eviction petition filed by the landlord under Section 14(1)(a) of the Delhi Rent Control Act (DRCA) had been decreed.

2. Record shows that an eviction petition has been filed by the landlord J.P. Jain & Sons (HUF) under Section 14(1)(a) & (d) of the DRCA against his tenant R.K. Surekha. The provisions of Section 14(1)(a) are relevant for the controversy in dispute before this Court. Both the fact finding courts i.e. the ARC and the ARCT had decreed the eviction petition in favour of the landlord on the ground that the tenant was in arrears of rent and inspite of notice of demand having been served upon him, he had not tendered the rent within the stipulated time period of two months; he was liable for eviction under Section 14(1)(a). The Court had also noted that the defence of the defendant had been struck off on 29.10.1999 against which admittedly no appeal has been filed by the tenant; the contention of the tenant is that since the final arguments







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