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Subhash Gandhi (deceased) Through Lrs. – Appellant
Versus
Shanti Devi – Respondent
JUDGMENT
1. These two petitions have been filed by the legal representatives (L.Rs.) of the original tenant against whom the respondent herein, Smt. Shanti Devi had filed an eviction petition under Section 14 (1)(a) of the Delhi Control Act, 1958 (DRC Act). Since the parties are the same and since the impugned orders arise out of the same proceedings, both petitions are being disposed of vide this common order.
2. CM (M) 537/2020 has been filed against the order dated 17th October, 2020 passed by the learned Principal District & Sessions Judge/Rent Control Tribunal (RCT), Shahdara Karkardooma Courts, Delhi, dismissing the appeal preferred by the present petitioners against the orders of the learned SCJ-cum- RC dated 23rd January, 2017. CM (M) 541/2020 has been filed by the petitioners against the order of the RCT dated 17th October, 2020, upholding the judgment of the learned SCJcum- RC dated 21st July, 2018 (also mentioned as 16th July, 2018).
3. As already noticed, an eviction petition had been filed by the respondent/landlady under Section 14 (1)(a) of the DRC Act in respect of one shop situated on the ground floor ad-measuring 6ft x 8ft in property bearing No. 9/6829, Janta Gali,
Premature filing of an eviction petition does not cause prejudice to the tenant if the tenant had exercised the option to pay the arrears of rent within the stipulated time. The first default in comp....
Eviction may be challenged if notice is filed before the tenant's compliance period lapses; timely adherence to rent payment schedules under the DRC Act is critical.
The failure of the tenant to deposit the rent under Section 27 of the Act, after the landlord's refusal to accept the tendered rent, makes the tenant liable for eviction under Section 14(1)(a) of the....
Arrears of rent under the Delhi Rent Control Act must be computed from the date of legal notice, emphasizing strict compliance with the provisions for eviction.
The legal point established is that the legal heir of a landlord can step into the shoes of the landlord and maintain an eviction petition. Additionally, non-payment of rent, including interest on ar....
A tenant's claim of payment must be substantiated by evidence without necessitating prior inclusion in pleadings; the eviction application was dismissed due to lack of grounds.
Strict compliance with statutory provisions for rent deposits is mandatory; failure to comply invalidates the deposit and can lead to eviction.
The court emphasized the importance of diligently pursuing legal remedies and the need to avoid acting contumaciously in the context of eviction proceedings under the Delhi Rent Control Act, 1958.
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