JUDGEMENT

MANMEET PRITAM SINGH ARORA, J:

1. This petition filed under Article 227 of the Constitution of India impugns: - (i) the judgment dated 14.12.2022 passed by the Principal District and Session Judge, West District, Tis Hazari Courts, Delhi (‘Appellate Tribunal’) in RCT ARCT No. 01/2020 titled as ‘Balasaraswathy v. KVSN Raju’ (‘Appeal’), (ii) the judgment dated 19.12.2019 passed by the Additional Rent Controller, West District, Tis Hazari Courts, Delhi (‘Rent Controller’) in RC ARC No. 25899 of 2016 titled as ‘K.V.S.N. Raju v. Balasaraswathy’ (‘eviction petition’) and (iii) seeks stay of the eviction order dated 05.02.2020 passed by the Rent Controller in Misc RC ARC No. 91 of 2019 titled as ‘K.V.S.N. Raju v. Balasaraswathy’.

1.1 The Petitioner herein is the tenant and the Respondent herein is the landlord and owner of the property being DDA Flat No. 47E, JC Pocket, G-8 Area, Hari Enclave, Hari Nagar, New Delhi (‘tenanted premises’). For ease of reference, the Petitioner herein and the Respondent herein are being referred to as tenant and landlord, respectively.

1.2 The brief facts of the case are that on 17.08.2010, the landlord filed an eviction petition under Section 14(1)(a) & (c) of the Delhi Rent Control Act, 1958 (‘DRC Act’) seeking eviction of the tenant from the tenanted premises. The eviction petition was contested by the tenant, inter alia, on the ground that the statutory demand notice dated 24.04.2010 (for arrears of rent) was not served upon her as mandated by the DRC Act.

1.3 The Rent Controller after perusing the pleadings, evidence and the documents relied upon by the parties, vide impugned judgment dated

19.12.2019, allowed the eviction petition under Section 14(1)(a) of the DRC Act and furthermore, passed an order under Section 15(1) of the DRC Act, directing the tenant to pay the rent to the landlord at the rate of Rs. 2,000/-

per month with effect from 01.08.2009 till date along with simple interest at the rate of 15% per annum within one (1) month from the date of the said order; and to pay the future rent at the same date month by month on or before 15th day of each succeeding English calendar month.

1.4 By impugned order dated 05.02.2020, the Rent Controller passed an eviction order against the tenant with respect to eviction from the tenant premises, holding that the tenant had not complied with the order issued under Section 15(1) of the DRC Act passed in the impugned judgment dated 19.12.2019 and therefore, the tenant is not entitled to benefit under Section 14(2) of the DRC Act.

1.5 Aggrieved by the Rent Controller’s judgment dated 19.12.2019 passed in the eviction petition, the tenant filed an appeal under Section 38 of the DRC Act and consequently, sought stay of the eviction order dated 05.02.2020. The Appellate Tribunal after perusing the Rent Controller’s record, upheld the findings returned by the Rent Controller that the tenant was served upon with the statutory demand notice dated 24.04.2010 prior to the filing of the eviction petition and that the tenant is in arrears of rent at Rs. 2,000 per month with effect from August, 2009. In view of the said finding, the Appellate Tribunal dismissed the said Appeal vide its judgment dated 14.12.2022. Aggrieved by the impugned judgments dated 19.12.2019 and 14.12.2022 passed by the Appellate Tribunal and the Rent Controller, respectively, the tenant has filed the present petition.

1.6 As a matter of record, it is pertinent to note that on 18.03.2010 the tenant filed a petition bearing U-03/2010 titled as ‘Balasaraswathy v. KVSN Raju’ under Section 45 of the DRC Act (‘proceedings under Section 45 of the DRC Act’) before Tis Hazari Courts, Delhi seeking restoration of the electricity connection and water supply in the tenanted premises. The landlord filed its reply/written statement dated 27.04.2010 to the said petition and annexed therewith a copy of statutory demand notice dated 24.04.2010 for arrears of rent. Arguments on behalf of the Peti