Final Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 24 DR 445/24
Shailesh Kumar Jain Vs. Nishi Rastogi
05.07.2025
Present: Sh. Suryansh Aggarwal, Proxy Counsel for petitioner (through VC).
Sh. Archit Adlakha, Proxy Counsel for respondent.
Matter is fixed for arguments on objections.
Counsel for respondent submits that the application is not
maintainable as the proper amount of rent has not been tendered. It is stated that the
rate of rent has been admitted by the petitioner/tenant to be Rs. 586/- per month
whereas the rent has only been tendered at the rate of Rs. 554/- per month in the
present matter. It is also stated that previously the petitioner had tendered and
deposited the rent @ Rs. 586/- per month till 31.03.2023.
Per contra, counsel for petitioner submits that the rent has been
properly tendered and if the respondent feels that there is any deficiencies in rent,
the petitioner is ready to pay the same as well.
Submissions heard. Record perused.
It is trite to state that in proceedings under Section 27 DRC Act, the
complex questions cannot be decided. For the purpose of deciding the present
petition, summary procedure is to be adopted. By way of the present petition, only
permission for depositing rent is being sought and mere deposition of rent before
the present tribunal, would neither confer nor take away the jurisdiction of the
competent court to decide the complex questions involved. Scope of Section 27 of
DRC Act is very limited. Even if there is no categorical or vague admission
regarding landlord tenant relationship, the same is sufficient. Furthermore, this
tribunal cannot decide the question of arrears, if any, on merits. Hence, in view of
the above mentioned reasons, objections raised in the present case, need not be
decided. Accordingly, objections are dismissed.
Hence, the DR petition is allowed with a liberty to the respondents to
withdraw the rent deposited in this case without prejudice to her rights and the
contentions.
File be consigned to record room after due compliance.
(Rupinder Singh Dhiman)
ARC-01, Central District,THC
05.07.2025
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