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C. HARI SHANKAR
O. M. PARMAR – Appellant
Versus
HARSH VARDHAN NAYYAR – Respondent
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,
Section 14(1)(a) of DRC Act holistically, it envisages non-payment, by tenant.
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....
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....
Section 13(2)(i) of East Punjab Urban Restriction Act, 1949 casts an obligation on Controller to make an assessment of arrears of rent.
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 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....
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.
Point of Law : Only thing is that the opportunity to be afforded to the tenant to show sufficient cause with respect to the failure to pay or deposit rent, as directed in Section 12(1) and (2), withi....
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