Final Order 9

Order Details: COPY OF ORDER
Pdf Text: 1
RCT ARCT No. 3/2026
CNR No. DLET010014472026
LAXMI CHAND vs. HARDEEP BAGGA
03.10.2026
Present: Appellant with Sh. Q.H. Khan, advocate.
Sh. K.S. Singh and Ms. Tripta Negi Singh,
advocates for respondent.
Some submissions were made and the counsel for
respondent frankly admitted that the matter is fit for remanding
back the case to the ld. Trial Court as it should not have been
finally disposed off then and there vide impugned order dated
15.01.2026 because the petition was filed on the ground of non
payment of rent under Section 14 (1) (a) as well as for non use of
the rented premises for continuous 6 months under Section 14 (1)
(d) of DRC Act.
The ld. Trial Court in the impugned order gave directions
to the respondent to pay the arrears of rent and to continue to pay
the future rent also despite the fact that the respondent has denied
the existence of landlord and tenant relationship. It is further
stated by the appellant/landlord in this appeal that the
controversy whether the rent was due since year 2006 or 2016
was not decided by the ld. Trial Court nor there was any finding
that there was willful default on the part of the respondent or
even interest on the arrears was not determined. Even, the
benefit of second default under Section 14 (2) of DRC Act r/w
Section 15 was not made available which has caused loss to the
appellant. The rent was also not enhanced @ 10% by the ld. Trial
Court despite sending the legal notice by the appellant to the
-- 1 of 2 --
2
respondent. There are some other grounds also mentioned in this
appeal to question the correctness of the impugned order.
Since, it is conceded on behalf of the respondent that there
are certain deficiencies and illegalities in the impugned order
itself and matter has to be remanded back, so this appeal is
allowed. The impugned order dated 15.01.2026 is set aside and
the ld. Trial Court is directed to decide the matter afresh as per
law. Parties are directed to appear before the ld. Trial Court on
16.10.2026 at 10:00 a.m. TCR be returned alongwith copy of
this order and this appeal file be consigned to record room .
(Ashwani Kumar Sarpal)
Principal District & Sessions Judge
East District, KKD Delhi/03.10.2026
-- 2 of 2 --