CM (M) 537/2020 & CM (M) 541/2020

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Reserved on:15^th July, 2021

Pronounced on: 17^th August, 2021

+

CM (M) 537/2020, CM APPL.27495/2020 (by the petitioner u/S

151 CPC for stay)

SUBHASH GANDHI (DECEASED) THROUGH LRS

..... Petitioners

Through:

Mr. Mohit Gupta with Mr. Vishal

Saxena & Ms. Aayushi Jain,

Advocates

versus

SHANTI DEVI

..... Respondent

Through:

Ms. Sonali Malhotra with Ms.

Tanvi Sharma, Advocates

+

CM (M) 541/2020, CM APPL.27811/2020 (by the petitioner u/S

151 CPC for stay)

SUBHASH GANDHI (DECEASED) AND ORS ..... Petitioners

Through:

Mr. Mohit Gupta with Mr. Vishal

Saxena & Ms. Aayushi Jain,

Advocates

versus

SHANTI DEVI

..... Respondent

Through:

Ms. Sonali Malhotra with Ms.

Tanvi Sharma, Advocates

CORAM:

HON'BLE MS. JUSTICE ASHA MENON

J U D G M E N T

[VIA VIDEO CONFERENCING]

1.

These two petitions have been filed by the legal representatives

(L.Rs.) of the original tenant against whom the respondent herein, Smt.

2021:DHC:2500

CM (M) 537/2020 & CM (M) 541/2020

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Shanti Devi had filed an eviction petition under Section 14 (1)(a) of the

Delhi Control Act, 1958 (DRC Act). Since the parties are the same and

since the impugned orders arise out of the same proceedings, both

petitions are being disposed of vide this common order.

2.

CM (M) 537/2020 has been filed against the order dated 17^th

October, 2020 passed by the learned Principal District & Sessions

Judge/Rent Control Tribunal (RCT), Shahdara Karkardooma Courts,

Delhi, dismissing the appeal preferred by the present petitioners against

the orders of the learned SCJ-cum- RC dated 23^rd January, 2017. CM (M)

541/2020 has been filed by the petitioners against the order of the RCT

dated 17^th October, 2020, upholding the judgment of the learned SCJ-

cum-RC dated 21^st July, 2018 (also mentioned as 16^th July, 2018).

3.

As already noticed, an eviction petition had been filed by the

respondent/landlady under Section 14 (1)(a) of the DRC Act in respect of

one shop situated on the ground floor ad-measuring 6ft x 8ft in property

bearing No.9/6829, Janta Gali, Gandhi Nagar, New Delhi-110031, on the

ground that the petitioners had defaulted in paying the rent, despite

service of demand notice dated 11^th April, 2016. The learned Rent

Controller (RC) vide the judgment dated 23^rd January, 2017 concluded

that the tenant (now deceased) was in default in the payment of rent and

that the respondent/landlady had established her entitlement to seek

eviction of the petitioners under Section 14(1)(a) of the DRC Act. But

another chance was granted under Section 15(1) of the DRC Act to the

tenant, directing him to, within one month from the date of the order, pay

the arrears of rent @ Rs.180/- per month with effect from 1^st April, 2016

till 30^th April, 2016 and @ 198/- per month with effect from 1^st May,

2021:DHC:2500

CM (M) 537/2020 & CM (M) 541/2020

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2016 till date, along with interest @15% per annum, as per Section 26 of

DRC Act,adjusting whatever rent that had already been deposited.

4.

The learned Rent Controller fixed the case for verifying

compliance and called for Nazir’s report and on the basis of the Nazir’s

report concluded vide the impugned judgment dated 21^st July, 2018 that

the petitioners had not complied with the orders under Section 15(1) and

thus were not entitled to the protection under Section 14(2) of the DRC

Act and accordingly directed eviction of the petitioners from the suit

property.

5.

Both the judgments i.e., dated 23^rd January, 2017 and 21^st July,

2018 were challenged by way of appeals under Section 38 of the DRC

Act before the learned RCT (being RCT No.25/18 & RCT No. 30/18),

which were dismissed vide the order dated 17^th October, 2020. Hence the

present petitions.

6.

The foremost arguments submitted by the learned counsel for the

petitioners, Mr. Mohit Gupta, is tha