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ASHA MENON
Sarita Gupta – Appellant
Versus
Harish Kumar Pahwa – Respondent
JUDGMENT
Asha Menon, J. - CM APPL.20655/2021 (Exemption)
1. Allowed, subject to all just exceptions.
2. The application stands disposed of.
CM APPL.20654/2021 (Exemption from filing attested affidavits)
1. The application is allowed subject to the petitioner filing duly affirmed affidavit(s) alongwith the court fees/deficit court fees, if any, within 72 hours from the date of resumption of the regular functioning of this court.
2. The application stands disposed of.
CM (M) 434/2021, CM APPLs.20653/2021 (by the petitioners u/S 151 CPC for stay)
1. The legal representatives of the tenant have filed the present petition under Article 227 of the Constitution of India assailing the findings of the learned District & Session Judge/Rent Control Tribunal (RCT) dated 17th February, 2021 and the order of eviction dated 17th November, 2015 passed by ACJ-CUM-CJ-CUM-ARC, North District, Rohini Courts.
2. The facts as are relevant to the disposal of the present petition are that the respondents/landlord had filed an eviction petition under Section 14(1)(a) of the Delhi Rent Control Act, 1958 (DRC Act) seeking the eviction of the original tenant Shri K.L. Gupta, (referred to as 'tenant' for convenience)
Non-compliance with court orders and failure to pay rent can lead to eviction under the Delhi Rent Control Act, 1958.
The tenant's failure to pay rent and negligible claims of ignorance do not negate the validity of eviction orders under the Delhi Rent Control Act, affirming tenant's obligations despite reliance on ....
The main legal point established in the judgment is the court's limited jurisdiction to re-appreciate evidence as an Appellate Court and the application of legal principles from relevant case laws in....
The court highlighted the importance of timely filing of application for leave to contest, valid reasons for extension, and the need for a substantial case for consideration of the application.
Non-payment of rent and failure to prove the nature of possession of the alleged sub-tenant can lead to eviction under the Delhi Rent Control Act, 1958.
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....
Non-payment of rent and lack of substantiation of defense claims do not warrant protection under eviction laws, emphasizing the importance of statutory notice compliance.
Tenant's failure to tender rent with statutory interest and prove defense against subletting justifies eviction under the Delhi Rent Control Act.
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