Order 9

Order Details: COPY OF ORDER
Pdf Text: 11 RC ARC 495/24
NASIMA BEGUM VS. FARHAT ANJUM AND ORS
18.04.2026
Present: Sh. J. Khan, Ld. Counsel for the petitioner.
Sh. R.Y. Kalia, Ld. Counsel for the respondents through
VC.
Matter is listed for arguments on the provision under
Section 15(1) DRC Act as well as PE.
At this stage, evidence by way of affidavit has been filed
on behalf of petitioner. Copy supplied in advance.
Further, cost receipt of Rs.3,000/- has been filed on
behalf of respondents in compliance of previous order.
Arguments heard on section 15(1) of DRC Act.
Put up for appropriate orders at 04:00 PM.
(DIVYA GUPTA)
ARC-02 (Central), THC,
18.04.2026
At 04:00 PM.
Present: None
Matter is listed for order on section 15(1) of DRC Act.
Perusal of record shows that the case of petitioner is that respondents
have not paid rent since 01.01.2009. Present petition has been filed on
30.08.2024.
Perusal of written statement filed by respondents shows that
landlord tenant relationship is not in dispute. It is submitted by
respondents that petitioner had sent legal demand notice dated
26.09.2023 demanding legally recoverable rent for past three years at Rs.
355/- per month. That said notice was duly replied and complied with as
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respondents had deposited rents as claimed in notice dated 26.09.2023 in
the account of petitioner.
Per contra it is submitted by petitioner that in notice dated
26.09.2023 petitioner demanded rent for subsequent period but the issue
in the present eviction petition is with regard to legal notice dated
06.08.2019 which respondents have failed to comply.
The present petition has been filed on 30.08.2024. Legally,
the respondents are liable to pay the rent three years preceding to the
date of the petition, if not paid already. Order u/s 15(1) is an interim
order without any prejudice to contention of respondents regarding rent
if any already paid/deposited which is has to be proved by way of
evidence.
Accordingly, at this stage, respondents are directed to pay
the entire arrears of rent (if due) at an admitted rate of rent Rs. 355/- per
month for the period of three years prior to filing of present petition
alongwith the interest of 15% per annum upon the delayed payment
within one month of the date of this order.
Respondents are further directed to deposit future rent and
subsequent rent, month by month, at the aforesaid rate @ Rs. 355- per
month without prejudice to rights and contentions of the parties, on or
before 15th of each English Calendar month during the pendency of the
present petition. Needless to say that the rent, if any, already paid as
alleged by respondents for the above period shall be adjusted
accordingly.
Put up for PE on 17.07.2026.
(DIVYA GUPTA)
ARC-02 (Central), THC,
18.04.2026
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