Final Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 12
DR 3/24
SAROJ Vs. VANSH
20.08.2024
Present: Petitioner in person.
Sh. Akash Deep Arya, Ld. Counsel for the petitioner
(through VC).
Mohd. Arif, Ld. Counsel for the respondents with
respondent no. 1.
It is submitted that the respondent had refused to
accept the rent therefore the present petition.
It is submitted that petitioner had deposited rent
before this court after filing application u/s 27 DRC Act. It is
pertinent to mention the provision of Section 27 of DRC Act for
disposal of the present case. Same is reproduced below.
27.Deposit of rent by the tenant.- (1)
Where the landlord does not accept any rent
tendered by the tenant within the time
referred to in section 26 of refuses or neglects
to deliver a receipt referred to therein or
where there is a bona fide doubt as to the
person or persons to whom the rent is
payable, the tenant may deposit such rent
with the Controller in the prescribed manner:
Provided that in case where there is a
bona fide doubt as to the person or persons to
whom the rent is payable, the tenant may
remit such rent to the Controller by postal
money order.
(2) The deposit shall be accompanied by
an application by the tenant containing the
following particulars, namely:-
(a) the premises for which the rent is
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deposited with a description sufficient for
identifying the premises;
(b) the period for which the rent is
deposited;
(c) the name and address of the landlord or
the person or persons claiming to be entitled
to such rent;
(d) the reasons and circumstances for
which the application for depositing the rent
is made;
(e) such other particulars as may be
prescribed.
(3) On such deposit of the rent being
made, the Controller shall send in the
prescribed manner a copy or copies of the
application to the landlord or persons
claiming to be entitled to the rent with an
endorsement of the date of the deposit.
(4) If an application is made for the
withdrawal of any deposit of rent, the
Controller shall, if satisfied that the applicant
is the person entitled to receive the rent
deposited, order the amount of the rent to be
paid to him in the manner prescribed:
Provided that no order for payment of any
deposit of rent shall be made by the
Controller under this sub-section without
giving all persons named by the tenant in his
application under sub-section (2) as claiming
to be entitled to payment of such rent on
opportunity of being heard and such order
shall be without prejudice to the right of such
person to receive such rent being decided by
a court of competent jurisdiction.
A bare perusal of the above provision shows that an
order passed under this section is “without prejudice to the rights
of such persons to receive such rent” and the other issues are
required to be decided by a court of competent jurisdiction.
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Despite service of the present application respondent
has not bothered to enter appearance, therefore, without prejudice
to the rights and remedies to which the parties are entitled as per
law, the present application u/s 27 DRC Act is allowed. Rent
already deposited is taken on record.
The respondent/landlord is at liberty to withdraw the
rent deposited with the present application in accordance with
law.
File be consigned to Record Room after due
compliance.
RINKU JAIN
ACJ-cum-ARC-cum-CCJ
North-East/Karkardooma Courts,
Delhi/20.08.2024
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