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Kamlesh Srivastava vs Laxmi Devi on 10 October, 2017

2. The respondent/landlord filed a petition under section 14(1)(a) of the
DRC Act seeking eviction of a portion of the property described in the
petition as House No.126, Block B, Pocket 6, Sector-7, Rohini, Delhi. It was
further stated that the rent was Rs.660/- per month which at present is
Rs.726/- per month. The premises are said to have been let out in 1994. It is
urged that the petitioner had paid rent only upto 1.10.1995. A legal demand

CM (M) 1227/2013 Page 1 of 7
notice dated 22.12.2003 was served upon the petitioner. It is urged that
despite receipt of the same the petitioner failed to tender the rent since July
3. Based on the pleadings and evidence of the parties the Additional
Rent Controller (ARC) vide order dated 02.09.2011concluded that there is
no dispute about existence of the relationship of landlord and tenant between
the parties. It concluded that the rent of the premises was Rs.660/- per
month. It noted that during cross-examination of the petitioner, she has
admitted that she has not paid rent or deposited the same since July 2003 to
December 2003. Hence, the ARC came to the conclusion that the petitioner
was in arrears of rent since July 2003 up to the date of sending of the legal
notice dated 22.12.2003. The ARC noted that under section 14(2) of the
DRC Act an eviction order cannot straightaway be passed against the tenant
and the tenant is entitled to grant of benefit under section 14(2) of the Act. A
direction was passed to the petitioner to make payment of arrears of rent @
Rs.660/- per month w.e.f. July 2003 upto date within one month from the
date of passing of the judgment. On 5.12.2011 the ARC sought the report of
the court official regarding deposit of rent by the petitioner in compliance of
the order dated 2.9.2011. Noting that payment has not been made the ARC
came to the conclusion that the petitioner is not entitled for grant of benefit
of protection under section 14(2) of the DRC Act and passed an eviction

Source: Indian Kanoon


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