PAWAN KUMAR GUPTA Vs. B.R. GUPTA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal emanates from the proceedings of an eviction petition filed by the respondent-landlord on 14.2004 under Sections 14(1)(a), (b), (d) and (h) of the Delhi Rent Control Act, 1958 (for short 'the Act') against the appellant-tenant before the Additional Rent Controller, Tis Hazari Courts, Delhi, seeking eviction of the appellant-tenant from the premises bearing property No.47, 1st Floor, Bunglow Road, Kamla Nagar, Delhi. It is an admitted position that the premises in question was let out by the landlord to the tenant for residential purposes and the last paid rent was @ Rs. 500.00 p.m. exclusive of other charges. The eviction petition was confined ultimately to the solitary ground under Sec. 14(1)(a) of the Act. The landlord issued a demand notice under Sec. 14(1)(a) of the Act to the appellant-tenant on 19.1.2004 demanding rent @ Rs. 500.00 p.m. w.e.f. 1.4.2001 along with interest thereon. Since the tenant failed to pay the rent, the petition for eviction of the tenant was filed as aforesaid.

(3.) The tenant filed the written statement denying the allegations made in the eviction petition besides providing his defence on merits. However, with regard to the ground of non-payment of rent, it was, inter alia, contended that he is not guilty of non-payment and he had paid the rent from time to time to the landlord who did not issue any receipt against the same. It was further contended that pursuant to the receipt of demand notice dated 19.1.2004, he had sent a reply dated 22.2004 whereby he tendered a sum of Rs. 18,000.00 to the landlord by way of a bank draft towards rent @ Rs. 500.00 p.m. for the period 1.4.2001 till 30.9.2004. To the aforesaid written statement of the tenant, the landlord filed his replication categorically denying the allegations made in the written statement and reaffirmed the contents of his eviction petition.