DELHI HIGH COURT
C.HARI SHANKAR
BD Khanna Publicity – Appellant
Versus
Jalveen Rosha – Respondent
| Table of Content |
|---|
| 1. factual background of eviction petitions. (Para 1 , 2 , 3 , 4) |
| 2. arguments regarding entitlement to deposit rent. (Para 5 , 31 , 35) |
| 3. court's observations on statutory provisions. (Para 6 , 7 , 8 , 14) |
| 4. clarification of ratios and interpretations. (Para 10 , 11 , 12 , 39 , 40) |
| 5. conclusion on the applications and directions. (Para 112 , 113 , 114 , 115 , 116) |
JUDGMENT
1. Jalveen Rosha ("Jalveen", hereinafter), claiming to be the owner and landlord of C-10, Defence Colony, New Delhi-110048 ("the suit property"), filed a petition under clause (a) of the proviso to Section 14(1)1 of the Delhi Rent Control Act, 1957 ("the DRC Act"), seeking to evict M/s B.D. Khanna Publicity (the tenant in the first floor of the suit property and referred to, hereinafter, as "Khanna", for the sake of convenience) from the premises in its occupation. The said Eviction Petition is presently pending before the learned Additional Rent Controller ("the learned ARC"). It does not seriously concern us.
Facts
2. The present petition emanates from three petitions, DR 53/2020, DR 61/2020 and DR 67/2020, filed by Khanna before the learned ARC under Section 27(1)2 of the DRC Act. The lear
Strict compliance with statutory provisions for rent deposit must be maintained; insufficient rent payment invalidates the claim under the DRC Act.
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 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....
Tenant does not need to offer rental payment before making a deposit under S.7 - C(2) of the Act if there is a bona fide dispute regarding the rightful recipient.
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....
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