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NAVIN CHAWLA
Basant Lal – Appellant
Versus
Nirmla Dawar – Respondent
JUDGMENT
Navin Chawla, J. - These petitions have been filed challenging the common JUDGMENT dated 22.10.2020 passed by the learned Rent Control Tribunal (hereinafter referred to as the RCT ) in RCT No. 56/2016 and 57/2016, dismissing the appeals filed by the petitioner herein and ordering his eviction from the tenanted premises being shop No. J-71, Milap Market, Hari Nagar, New Delhi.
2. The Eviction Petition was filed by the respondents, being the legal representatives of the erstwhile landlord Shri Kesho Ram, against the petitioner under Section 14(1)(a) of the Delhi Rent Control Act, 1958 ( Act ), claiming therein that the petitioner had defaulted in tendering the payment of the rent with effect from 01.06.2005 and had not paid or tendered the same inspite of service of statutory notice dated 08.11.2007.
3. By the order dated 03.09.2015, the learned Additional Rent Controller, West District, Tis Hazari Courts (hereinafter referred to as ARC) was pleased to allow the said petition against the petitioner, directing the petitioner to pay the arrears of rent with effect from 01.06.2005 and continue to pay the same on a month-to-month basis at the rate of Rs. 400/- per month. The case w
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....
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.
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.
Tenant's failure to tender rent with statutory interest and prove defense against subletting justifies eviction under the Delhi Rent Control Act.
The court upheld the respondents' protection under Section 14(2) of the rent control statute, affirming that minor defaults in rent payment do not constitute grounds for eviction.
The exercise of discretion under Section 15(7) of the Act is discretionary and depends on contumacious or deliberate default, as held by the Supreme Court.
Full payment of rent along with applicable interest is a prerequisite under the Delhi Rent Control Act; failure to substantiate this leads 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.
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 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....
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