Final Order 2

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF MS. ANJU BAJAJ CHANDNA
PRINCIPAL DISTRICT & SESSIONS JUDGE
CENTRAL DISTRICT : TIS HAZARI COURTS :
DELHI
CNR NO. DLCT01-001842-2026
RCT No. 12/2026
Kapil Khurana
S/o Late Sh. Ram Kishan Khurana
R/o 401, Ekodio, 287-P, Sector-45
Gurugram, Haryana
...Appellant
Versus
1. Gaurav Sarin
S/o Justice (Retd.) Manmohan Sarin
R/o D-127, Panchsheel Enclave
New Delhi-110017
2. M/s Ashok Sarin & Sons (HUF)
Through its Karta
Smt. Roma Sarin
Ara Farm House, Main Road
Shahoorpur Extension, Chandanhola
New Delhi-110074.
3. M/s Anil Sarin & Sons (HUF)
Through its Karta
Sh.Anil Sarin
R/o Ara Farm, Village Chandan Hola
Chattarpur, New Delhi-110074.
...Respondents
Date of institution : 30.01.2026
Arguments heard on : 07.03.2026
Date of pronouncement : 07.03.2026
RCT No. 12/ 2026
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Appearance:
Sh. V. K. Bajaj, Ld. Counsel for appellant.
(through VC)
Sh.Satish Sahani, Sh.Harish Kumar and
Ms.Malaika Furhat, Ld. Counsels for
respondents.
O R D E R :
1. The subject matter of the present appeal is the
impugned order dated 07.01.2026 whereby Ld. ARC in a eviction
petition filed under Section 14 (1) (b) of Delhi Rent Control Act
passed an order on the aspect of Section 15 (2) of Delhi Rent
Control Act.
2. The petition has been filed by the petitioner
(landlord) against the respondent (tenant). It is stated that
impugned order has been passed without adjudicating the real
controversy between the parties regarding actual measurement of
the area and identification of the property in question. The order
is liable to be set aside as the same has been passed without
following the due procedure.
3. I have heard both the sides and given due
consideration to the record available with the court.
4. The eviction petition has been filed under Section 14
(1) (b) on the ground of creating sub-let, assigned or otherwise
parted with the possession of the premises without obtaining the
consent in writing of the landlord.
RCT No. 12/ 2026
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5. Section 15 (2) of Delhi Rent Control Act provides
as follows:-
Section 15. When a tenant can get the benefit of
protection against eviction.
(2) If, in any proceeding for the recovery of possession
of any premises on any ground other than that referred
to in sub-section (1), the tenant contests the claim for
eviction, the landlord may, at any stage of the
proceeding, make an application to the Controller for
an order on the tenant to pay to the landlord the
amount of rent legally recoverable from the tenant and
the Controller may, after giving the parties an
opportunity of being heard, make an order in
accordance with the provisions of the said sub-section.
6. As per the pleadings of the parties, relationship of
landlord and tenant was admitted and also the rate of rent i.e.
Rs.30/- per month. There seems to be no dispute with respect to
the period for which the payment of rent was to be ordered.
7. Ld. ARC ordered the payment of rent at the admitted
rate of Rs.30/- per month for the period 03 years prior to the
filing of the petition before Ld. ARC. The tenant has been
directed to deposit the future and subsequent rent month by
month at the same rate during the pendency of the petition by
crediting the bank account of the landlord / petitioner.
RCT No. 12/ 2026
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8. There is no illegality or impropriety with the order
of Ld. ARC and same has been passed in accordance with the
pleadings of the parties. So far as the dispute with respect to
identification or measurement of the area / property is concerned,
no such issue was taken up or decided by Ld. ARC vide the
impugned order. This court while sitting in appeal cannot enlarge
the scope of impugned order which only pertains to the payment
of rent at the admitted rate for the period due as per law.
9. In view of above observation, I find no ground to
make any interference with the impugned order. Present appeal
is accordingly dismissed having no merits or substance.
10. Copy of order be sent to the trial court.
11. File be consigned to the record room.
(Anju Bajaj Chandna)
Principal District & Sessions Judge
Central District, Tis Hazari Courts
Delhi /07.03.2026
RCT No. 12/ 2026
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