Point of Law: Section 14(1)(a) of DRC Act holistically, it envisages non-payment, by tenant.

JUDGMENT :

C. HARI SHANKAR, J.

1. Eviction Petition No. E18/2012 was instituted by the respondent Harsh Vardhan Nayyar against the petitioner Dr. O.M. Parmar, seeking eviction of the petitioner under Clause (a) of the proviso to Section 14(1) [Protection of tenant against eviction: (1) Notwithstanding anything to the contrary contained in any other law or contract, no order or decree for the recovery of possession of any promises shall be made by any court or Controller in favour of the landlord against a tenant: Provided that the Controller may, on an application made to him in the prescribed manner, make an order for the recovery of possession of the premises on one or more of the following grounds only, namely: (a) that the tenant has neither paid nor tendered the whole of the arrears of the rent legally recoverable from him within two months of the date on which a notice of demand for the arrears of rent has been served on him by the landlord in the manner provided in section 106 of the Transfer of Property Act, 1882. (b) that the tenant has, on or after the 9th day of June, 1952, sub-let, assigned or otherwise parted with the possession of the whole or any part of the premises without obtaining the consent in writing of the landlord. (c) that the tenant has used the premises for a purpose other than that for which they were let: (i) if the premises have been let on or after the 9th day of June, 1952, without obtaining the consent in writing of the landlord. (j) if the premises have been let before the said date without obtaining his consent. (d) that the premises were let for use as a residence and neither the tenant nor any member of his family has been residing therein for a period of six months immediately before the date of the filing of the application for the recovery of possession thereof. (e) that the premises let for residential purposes are required bona fide by the landlord for occupation as a residence for himself or for any member of his family dependent on him, if he is the owner thereof, or for any person for whose benefit the premises are held and that the landlord or such person has no other reasonably suitable residential accommodation. Explanation: For the purposes of this clause “premises let for residential purposes” include any premises which having been let for use as a residence are, without the consent of the landlord, used incidentally for commercial or other purposes. (f) that the premises have become unsafe or unfit for human habitation and are required bona fide by the landlord for carrying out repairs which cannot be carried out without the premises being vacated. (g) that the premises are required bona fide by the landlord for the purpose of building or re-building or making thereto any substantial additions or alterations and that such building or re-building or addition or alteration cannot be carried out without the premises being vacated. (h) that the tenant has, whether before or after the commencement of this Act, built, acquired vacant possession of or been allotted, a residence. (i) that the premises were let to the tenant for use as a residence by reason of his being in the service or employment of the landlord, and that the tenant has ceased, whether before or after the commencement of this Act, to be in such service or employment. (j) that the tenant has, whether before or after the commencement of this Act, caused or permitted to be caused substantial damage to the premises. (k) that the tenant has, notwithstanding previous notice, used or dealt with the premises in a manner contrary to any condition imposed on the landlord by the Government or the Delhi Development Authority or the Municipal Corporation of Delhi while giving him a lease of the land on which the premises are situate. (l) that the landlord requires the premises in order to carry out any building work at the inst