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DELHI HIGH COURT
NAVIN CHAWLA
Satish Parashar – Appellant
Versus
Prem Bihari – Respondent
| Table of Content |
|---|
| 1. challenge to eviction petition and rent dispute (Para 1 , 2 , 3) |
| 2. orders regarding rent payment and applications filed (Para 4 , 12 , 15) |
| 3. dispute on the rate of rent (Para 21 , 22) |
| 4. discretionary power under section 15(7) (Para 27 , 28) |
| 5. setting aside order and imposing conditions (Para 33 , 34 , 35 , 36 , 37) |
JUDGMENT
Navin Chawla, J. (Oral)--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 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 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.
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.
A party must show due diligence and good faith to claim benefits under Section 14 of the Limitation Act, failing which prior findings and delays bar relief.
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....
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....
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....
Tenants must deposit admitted rent during eviction proceedings under crisis; failure leads to automatic eviction unless sufficient cause is shown.
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