Final Order 8

Order Details: COPY OF JUDGMENT
Pdf Text: IN THE COURT OF SH. RAHUL VERMA, CCJ CUM ARC,
CENTRAL, TIS HAZARI COURTS
RC ARC 497/2024
CNR No. DLCT03-006425-2024
In the matter of :
Mansoor Azam,
S/o Late Haji Abdul Hannan,
R/o 559, Gali Hakim Ji Wali,
Chooriwalan, Jama Masjid,
Delhi-110006.
...Petitioner
Versus
1. Darshna Sapra,
W/o Late Satpal Sapra,
2. Chander Sapra,
S/o Late Satpal Sapra
Both R/o
A2/67, First Floor,
Safdarjang Enclave,
New Delhi-110029.
Also at:
3446-3447, First Floor,
Delhi Chamber Building,
Behind Telephone Exchange,
Delhi Gate, New Delhi-110002.
...Respondents
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Eviction Petition under Section 14 (1)(a) of Delhi Rent
Control Act, 1958
Date of Institution : 30.08.2024
Date on which judgment was reserved : 21.05.2025
Date of Decision : 30.05.2025
Decision : Petition allowed.
JUDGMENT
1. Petitioner has filed the instant eviction petition on the
ground of non-payment of arrears of rent despite service of
notice as envisaged in Section 14(1)(a) of Delhi Rent Control
Act.
2. Briefly stated, the case of the petitioner is that he is the owner/
landlord of the property bearing No. 3446-3447, First Floor,
Delhi Chamber Building, Behind Telephone Exchange, Delhi
Gate, New Delhi-110002, which he purchased through registered
sale deed dated 13.11.1979. The tenanted commercial
premises/shop is shown in red colour in the site plan. Further,
that property bearing No. 3446-3447, First Floor, Delhi Chamber
Building, Behind Telephone Exchange, Delhi Gate, New Delhi-
110002, was let out to respondents vide rent agreement dated
14.06.1991 at the monthly rent of Rs. 300/- p.m. and the rent was
increased from time to time and presently the rate of rent is
Rs.785/- per month. Further, that the respondents have lastly paid
the rent on 21.05.2022 upto June 2022 and thereafter they
stopped making the payment of the rent. Further, that the
respondents are in arrears of rent w.e.f. July 2022 till date.
Further, that petitioner served a legal notice dated 10.10.2023
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through his counsel, which the respondents replied vide reply
dated 27.10.2023 through their counsel. Further, that the
respondents have neither legally paid nor tendered/ or deposited
the arrears of the rent w.e.f. July 2022 till date alongwith the
interest @ 18% p.a., inspite of the receiving the notice dated
10.10.2023, within the stipulated period. It is submitted that,
therefore, the respondents are liable to be evicted from the
tenanted premises u/s 14(1)(a) of DRC Act.
3. On summons being served, the respondents appeared but
did not file any written statement. They filed an application under
Section 14(2) r/w Section 15(1) DRC Act, in which they disputed
all the allegations made by the petitioner under the present
petition and submitted that the respondents have been and are
willing to pay the agreed rent in terms of the rent note dated
14.06.1991 for a monthly rent of Rs.300/- and such amount that
is increased time to time (last rent paid @ Rs.785/-). Further, that
the respondents never wilfully defaulted the payment of rent on
their own but the delay, if any, have only been on account of
reluctance/refusal of the petitioner to accept the rent. Further, that
the respondents are willing to make the payment of arrears of
rent and further undertake to keep making the payments to the
petitioner or in the manner prescribed by this Hon'ble Court in
terms of Section 15(1) of DRC Act, 1958. Further, that as per the
petition, the last admitted rent was Rs.785/- per month and thus,
the respondents are willing to make the payment of Rs.9,420/-
accrued till date i.e. till November 2024.
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4. In order to succeed in a petition under Section 14 (1) (a) of
Delhi Rent Control Act, the petitioner has to establish the
following: -
(i) Existence of relationship of landlord and tenant
between the parties;
(ii) That the respondent was in arrears of rent, legally
recoverable on and before the date of notice of demand;
(iii) Service of notice of demand in the manner as provided
in Section 106 of the Transfer of Property Act;
(iv) Failure of the tenant to pay or tender the whole of the
arrears of rent legally recoverable from her within two
months of the date of service of notice of demand;
5. The petitioner has averred in the present petition that he is
the owner and landlord of property bearing No. 3446-3447, First
Floor, Delhi Chamber Building, Behind Telephone Exchange,
Delhi Gate, New Delhi-110002, having purchased the same
through registered sale deed dated 13.11.1979. Further, that the
respondents are tenant in the same but have not been paying the
rent. Further, that the rent was not paid within stipulated time
despite service of legal notice dated 10.10.2023. The petitioner is
seeking arrears of rent w.e.f. July 2022.
6. On the other hand, WS was not filed by the respondents,
rather one application was filed by them under Section 14(2) r/w
Section 15(1) DRC Act. Though, WS is not filed in the present
case, submissions and admissions made in the said application
shall be discussed for the purposes of final disposal of the present
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petition.
7. In the said application under Section 14(2) R/W Section
15(1) DRC Act filed by the respondents, the landlord-tenant
relationship is admitted. With regard to non-payment of rent, it is
submitted that the delay in payment of rent, if any, have been on
account of reluctance/refusal of the petitioner to accept the rent.
Further, that the respondents are willing to make the payment of
arrears of rent i.e. Rs.9,420/- @ admitted rent of 785/- per
month,accrued till November 2024.
8. It is clear from the afore-said submission that the landlord-
tenant relationship between the parties is admitted. The
respondents have also admitted non-payment of rent, though, the
reason for the same is cited as refusal by the petitioner. Rent of
Rs.785/- per month at the time of filing of petition is also
admitted. Service of legal notice and failure to pay the arrears of
rent is also not denied.
9. In such circumstances, all the ingredients of Section 14(1)
(a) DRC Act stand proved.
10. In view of the foregoing discussion, it is held that the
petitioners have succeeded in establishing their case u/s 14(1)(a)
of the Delhi Rent Control Act against the respondents. As such,
the petition under Section 14(1) (a) of Delhi Rent Control Act is
allowed.
11. Here, it is pertinent to note that during pendency of the
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present petition, the respondents paid Rs.24,335/- as arrears of
rent @ Rs. 785/- per month through Demand Draft to the
petitioner w.e.f. July 2022 to January 2025.
12. In view of the aforesaid payment of arrears of rent and
application under Section 14(2) r/w Section 15(1) DRC Act, an
order u/s 15(1) of DRC Act is passed directing the respondents to
pay or deposit the arrears of rent @ Rs.785/- per month along-
with interest @15% per annum for the period starting from
February 2025 to till date to the petitioner within one month from
today. The respondent shall deposit the future rent at the same
rate by the 15th of each succeeding month.
12. Ahlmad is directed to prepare a separate file for the
consideration of benefit u/s 14(2) of Delhi Rent Control Act.
Nazir is also directed to file report on 04.07.2025 regarding
compliance of order u/s 15 (1) of Delhi Rent Control Act as
passed today.
File be consigned to Record Room after due compliance.
Announced in open Court
on 30th Day of May, 2025
(Rahul Verma)
CCJ-cum-ARC (Central)
THC/Delhi/30.05.2025
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