Final Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 28 DR 85/24
The Commisioner MCD Vs. ALAPE KAUR
04.04.2025
Present: Sh. Devender Kumar Gahtori and Sh. Atul Tanwar, Ld.
Counsel for petitioner.
None for respondents despite wait & repeated calls.
Perusal of record reveals that notice has been served upon
the respondents. Despite service none has appeared on behalf of
respondents to file objections to the present petition.
At this stage, it is stated by the petitioner that the petition
may be disposed off without prejudice to the rights and contentions of
the parties to raise the objections in appropriate proceedings as per law.
Heard. Perused.
Section 27 DRC Act provides for a provision to the tenant
for depositing the rent in case the landlord does not accept rent tendered
by the tenant within the specified time period as provided under Section
26 DRC Act. Whether the rent is a valid tender or not, cannot be decided
in these summary proceedings.
In view of these circumstances, without prejudice to the
right and contentions of parties, the present petition filed under Section
27 DRC Act is allowed.
File be consigned to record room with liberty to the
respondent/landlord to withdraw the rent as deposited by the petitioner as
per law.
Ashwani Panwar
ACJ/CCJ/ARC, NDD, PHC
New Delhi :04.04.2025
-- 1 of 1 --