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NAVIN CHAWLA
Satish Parashar – Appellant
Versus
Prem Bihari (since Deceased) – Respondent
JUDGMENT
Navin Chawla, J. - This petition has been filed by the petitioner challenging the order dated 04.03.2020 passed by the learned Rent Control Tribunal (in short RCT?) in appeal, being RCT No.138/2018, dismissing the appeal of the petitioner against the order dated 17.08.2018 passed by the learned Additional Rent Controller-01, Central (in short ARC?), dismissing the application of the petitioner seeking condonation of delay in filing of an application seeking review of the order dated 14.03.20211 passed by the learned ARC under Section 15(1) of the Delhi Rent Control Act, 1958, (hereinafter referred to as the Act?), and consequently allowing the application of the respondent herein under Section 15(7) of the Act.
2. The respondent had filed an eviction petition, being E.No.821/2014, against the petitioner under Section 14(1)(a) of the Act, claiming that the petitioner is a tenant with respect to property, being Middle Flat on the first floor of building no.27, Alipur Road, Civil Lines, Delhi-110054 at rate of rent of Rs.850/- per month exclusive of electricity and water charges. Paragraph 14 of the Eviction Petition asserts that the date of letting out of the tenanted premises
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.
The court established that a tenant should not lose their right to defense without clear evidence of obstinacy in rent payment, emphasizing judicious discretion in applying penalties under the Act.
The court emphasized that the discretionary power under Order XV Rule 5 of the CPC must be exercised judiciously, particularly in cases of non-payment of rent, reflecting the parties' conduct.
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.
Tenants must deposit admitted rent during eviction proceedings under crisis; failure leads to automatic eviction unless sufficient cause is shown.
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....
Even assuming that for purpose of execution an order under Section 12(3) of Act can be equated with and treated as same, as one under Section 11 of Act, the consequence enjoined by an order under Sec....
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