Valmiki J. Mehta, J. (Oral):--

1. The challenge by means of this petition under Article 227 of the Constitution of India is to the impugned order of the Additional Rent Control Tribunal dated 17.1.2012. The Additional Rent Control Tribunal by the impugned judgment has decided two appeals. One appeal was filed by the landlords and the other appeal was by the tenant both against the judgment/order of the Additional Rent Controller dated 09.11.2009. The judgment/order dated 09.11.2009 is a consequential order pursuant to the main judgment deciding the petition filed by the petitioners/landlords under Section 14(1)(a) (non-payment of rent) of the Delhi Rent Control Act, 1958 on 01.8.2008.

2. To put in seriatim and chronologically, it is to be noted that the petitioners herein/landlords filed the eviction petition on the ground of non-payment of rent under Section 14(1)(a) of the Delhi Rent Control Act, 1958. This petition was allowed in favour of the landlords by holding that the respondent/tenant had committed a default in payment of rent for the period from 01.10.1996 to 03.11.1996 by not paying, tendering or depositing the rent inspite of service of the legal notice Ex. AW-1/10 dated

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