JASBIR SINGH AND ORS Vs. S K VERMA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India impugns the concurrent judgments of the courts below; of the Additional Rent Controller (ARC) dated 19.11.2013 and the First Appellate Court/Rent Control Tribunal dated 21.4.2014; by which the defence of the petitioner/tenant has been struck off for non-compliance of the order with respect to payment of pendente lite rent.

(2.) It is not disputed that an order under Section 15(1) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') was passed by the court of the ARC on 24.1.2008 directing deposit of the pendente lite rent. It is also not disputed that this order was not complied with and the respondent/landlord moved an application on 31.10.2008 under Section 15(7) of the Act for striking off the defence of the petitioner/tenant.

(3.) The facts of the present case show that from 24.1.2008 till the passing of the order by the ARC on 19.11.2013 i.e. for almost six years, the petitioner did not deposit the amount of rent. Courts below note that it is the guardian himself who was before being appointed as a guardian in fact was conducting the case on behalf of the petitioner/tenant, and therefore there was no reason why the order under Section 15(1) dated 24.1.2008 for deposit of pendente lite rent should not have been complied with by the petitioner/tenant. Even if it is taken that the petitioner/tenant was not of sound mind, and therefore the petitioner/tenant had a reason not to deposit the pendente lite rent upto 02.2.2013 and also simultaneously ignoring the fact that actually the guardian himself was regularly appearing in court on behalf of the petitioner/tenant before being appointed as a guardian, even then there was no reason why immediately after 02.2.2013 the order dated 24.1.2008 was not complied with. Even much later on 19.11.2013 when the impugned order of the ARC was passed (i.e after about 10 months after passing of the order dated 02.2.2013), no rent was deposited in compliance of the order under Section 15(1) of the Act dated 24.1.2008. The obduracy, contumaciousness and malafides of the petitioner/tenant are writ large, and it is now settled law that the delay in deposit of the rent which is required to be made under Section 15(1) of the Act cannot be condoned as a matter of routine and valid/necessary facts/reasons have to exist for non-compliance of the order of deposit of pendente lite rent.