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MANMEET PRITAM SINGH ARORA
Santosh Kaur Puri – Appellant
Versus
Neeta Sahni – Respondent
JUDGMENT
Manmeet Pritam Singh Arora, J. (Oral)
CM APPL. 57999/2023 (for exemption)
Allowed, subject to all just exceptions.
Accordingly, the present application stands disposed of.
CM(M) 1837/2023, CM APPL. 57998/2023
1. This petition filed under Article 227 of the Constitution of India impugns the orders dated 26.11.2022 and 28.08.2023 passed by ADJ-08, Central District, (`Trial Court') in CS DJ No. 188/2022, titled as Neeta Sahni v. Santosh Kaur Puri & Anr.
1.1. The Petitioners herein are defendants and the Respondent herein is the plaintiff before the Trial Court.
1.2. The Trial Court vide order dated 26.11.2022 directed the defendants to deposit the arrears of `rent' within three (3) months. The Trial Court vide order dated 28.08.2023 dismissed the application filed under Section 114 of the Code of Civil Procedure, 1908 (`CPC') for review of the order dated 26.11.2022.
2. The learned counsel for the Petitioners states that the Trial Court failed to consider the four (4) receipts executed by late Sh. Adarsh Kumar Sahni, the deceased husband of the Respondent-landlady which evidence that a sum of Rs. 17,50,000/- was accepted by late Sh. Adarsh Kumar Sahni in furtherance of the Memora
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.
Strict compliance with statutory provisions for rent deposits is mandatory; failure to comply invalidates the deposit and can lead to eviction.
Admissions in legal pleadings must be clear and unequivocal to grant a judgment under Order XII Rule 6 CPC; otherwise, issues must proceed to trial.
Court confirmed that lawful deposit of rent nullifies landlord’s demand notices, protecting tenant rights under U.P. Act III of 1947.
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