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N.C. Gaur Vs. S.V. Mahindra - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtDelhi High Court
Decided On
Case NumberSecond Appeal No. 305 of 1983
Judge
Reported in1984(6)DRJ336
ActsDelhi Rent Control Act, 1958 - Sections 15(1)
AppellantN.C. Gaur
RespondentS.V. Mahindra
Advocates: C.P. Wig and; P.R. Monga, Advs
Excerpt:
delhi rent control act, 1958--section 15(1)--landlord did not disclose in his eviction petition that rent for the period from january 1982 to august 1982 was received by him through cheques. tenant's plea in written statement to this effect was also denied by the landlord, in replication.; the landlord intentionally concealed this fact and was thereforee ordered to pay costs of the appeal to the tenant. order under section 15(1) was also modified after adjusting the payments already made. - .....period from 1st september, 1981 within one month from the date of the order and to deposit future rent month by month by the 15th of the succeeding month.(2) briefly the facts are that the appellant is a tenant under the respondent in a portion of the property at c-2d/45-a, janakpuri new delhi on a monthly rent of rs. 250.00 beside electrets and water charges. the respondent-landlord is alleged to have served a notice of demand dated 22nd november, 1981 requiring the appellant to pay all rents due for the period from 1st january, 1981. the tenant remitted rs. 1000.00 rent for the period from 1st january, 1981 to 30th april, 1981 on 24th december, 1981 and rs. 1000.00 rent from 1st may, 1981 to 31st august, 1981 on 31st december 1981 by money order to the respondent.(3) on or about 17th.....
Judgment:

Sultan Singh, J.

(1) This second appeal under Section 39 of the Delhi Rent Control Act, 1958 (for short 'the Act') challenges the judgment and order dated 21st September 1983 of the Rent Control Tribunal confirming the order of the Additional Controller dated 20th July, 1983 directing the appellant-tenant to deposit all arrears of rent at Rs. 250.00 per month for the period from 1st September, 1981 within one month from the date of the order and to deposit future rent month by month by the 15th of the succeeding month.

(2) Briefly the facts are that the appellant is a tenant under the respondent in a portion of the property at C-2D/45-A, Janakpuri New Delhi on a monthly rent of Rs. 250.00 beside electrets and water charges. The respondent-landlord is alleged to have served a notice of demand dated 22nd November, 1981 requiring the appellant to pay all rents due for the period from 1st January, 1981. The tenant remitted Rs. 1000.00 rent for the period from 1st January, 1981 to 30th April, 1981 on 24th December, 1981 and Rs. 1000.00 rent from 1st May, 1981 to 31st August, 1981 on 31st December 1981 by money order to the respondent.

(3) On or about 17th September, 1982 the respondent filed the eviction petition on various grounds including the ground of non-payment of rent alleging that the appellant-tenant has neither paid nor tendered the whole of the arrears of rent for the period ending 30th November, 1981 within two months of the service of notice of demand.

(4) The tenant pleaded that no rent was due for the period from 1st January, 1981 to 30th November, 1981 and that all rents for the period ending 31st October, 1982 were already paid. The grievance of the appellant in this appeal is that he had paid rent for the period ending 31st October, 1982 and thereforee, the eviction case was not maintainable. He says that a sum of Rs. 2000.00 was paid by means of two cheques to the respondent-landlord which were encased on 6th May, 1982 and 10th August, 1982 i.e. prior to the date of institution of the eviction case beside other payments in case. The plea of payment is based partly by cheques and partly by cash for which the receipts are not available. The short question is, whether the rents alleged to have been paid by the appellant can be directed to be deposited by an order under Section 15(1) of the Act. In the written statements there is a plea that rent has been paid for the period ending 31st October, 1982. In the replication this plea is denied. The appellant-tenant has filed on record a photostat copy of the certificate from the State Bank of India, Maya Puri New Delhi dated 1st September, 1983 certifying that the two cheques for Rs. 1000.00 each favoring respondent S.V. Mohindra were paid on 6th May, 1982 and 10th August, 1982. Although these payments Were made before the institution of the eviction petition but the respondent-landlord did not admit the same either in eviction petition or in the replication. The covering letters sent with the two cheques specifically mention that the rent was for the period from January 1982 to April, 1982 and May 1982 to August 1982. It is thereforee, apparent that at the time of filing the eviction petition and the replication the respondent concealed the receipt of rent for these eight months by means of cheques. Encashment of cheques is now admitted. -As regards rent for other months there is prima facie no proof but it appears that the landlord respondent has not come to the court with clean hands. He concealed the fact of receipt or rent for eight months paid by two cheques before the institution of the eviction application. When the tenant took the plea in the written-statements that rent had been paid up to 31st October, 1982 the landlord did not disclose the receipt of rent by cheques and he obtained the order from the Additional Controller for deposit of the rent including the rent now admittedly received by two cheques. In this second appeal the tenant has filed the photostat copies of the letters dated 25th April, 1982 and 14th July, 1982 sent to the respondent-landlord under registered cover with two cheques of Rs. 1000.00 each. The appellant-tenant has also filed the certificate from the State Bank of India, Maya Puri New Delhi dated 1st September 1983 showing payment of two cheques on 6th May, 1982 and 10th August, 1982 to the respondent. The appellant tenant has succeeded in establishing that rent for the period from January 1982 to August 1982 stands paid to the respondent-landlord by means of two cheques referred to above. There is thereforee, no justification for directing the appellant-tenant to deposit rent for the said period. As regards payment of rent for the remaining period from 1st September, 1981, I am not inclined to accept the plea of the tenant at this state essentially when there has been a litigation between the parties. Previously also a petition for eviction on ground of non-payment of rent was filed against the tenant and it is alleged that the tenant availed of the benefit under Section 14(2) of the Act. The appellant tenant is not liable to deposit rent for the period from January 1982 to August 1982. The appeal is accepted modifying the impugned order. The appellant is directing to deposit rents @ 250.00 per month for the period from 1st September, 1981 to 31st December 1981 and from 1st September, 1982 on wards within one month from today and to deposit further monthly rent at the said rate by the 15th succeeding month.

(5) The respondent concealed the receipt of rent for eight months by cheques forcing the appellant to file appeals. The respondent ought to have disclosed in his eviction petition that rent for the period January 1982 to August 1982 by cheques was received by him. In any case when payment was pleaded in the written-statement he ought to have disclosed the same in the replication. It appears that he intentionally concealed this fact and thereforee I am of the opinion that the respondent-landlord should pay costs of this appeal which I assess at Rs. 250.00 .


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