R.K.SUREKHA Vs. J.P.JAIN & SONS (HUF)

JUDGEMENT

(1.) The order impugned is the order dated 27.07.2001 which has been passed by the Additional Rent Control Tribunal (ARCT) endorsing the finding of the Additional Rent Controller (ARC) dated 03.12.1999 whereby the eviction petition filed by the landlord under Section 14(1)(a) of the Delhi Rent Control Act (DRCA) had been decreed.

(2.) Record shows that an eviction petition has been filed by the landlord J.P. Jain & Sons (HUF) under Section 14(1)(a) & (d) of the DRCA against his tenant R.K. Surekha. The provisions of Section 14(1)(a) are relevant for the controversy in dispute before this Court. Both the fact finding courts i.e. the ARC and the ARCT had decreed the eviction petition in favour of the landlord on the ground that the tenant was in arrears of rent and inspite of notice of demand having been served upon him, he had not tendered the rent within the stipulated time period of two months; he was liable for eviction under Section 14(1)(a). The Court had also noted that the defence of the defendant had been struck off on 29.10.1999 against which admittedly no appeal has been filed by the tenant; the contention of the tenant is that since the final arguments were concluded within a short period thereafter i.e. on 16.11.1999 and the judgment was delivered by the ARC on 03.12.1999, the order striking out his defence dated 29.10.1999 was challenged in the main appeal itself.

(3.) Record shows that prior to filing of the eviction petition, a legal notice dated 17.03.1993 was sent by the plaintiff to the defendant at two addresses i.e. at his address at 1/10B, Asaf Ali Road, New Delhi as also the second address i.e. M-14 B, NDSE Part-II, New Delhi. This notice as per evidence on record was dispatched on 19.03.1993. The eviction petition further states that a cheque dated 20.05.1993 of Rs. 6,000/- was delivered to the landlord on 24.05.1993.