Karan Singh & Anr. vs Ram Dass
2014 Latest Caselaw 4455 Del

*             IN THE HIGH COURT OF DELHI AT NEW DELHI

+             CM(M) NO. 849/2014 & CM No. 15235/2014(Exemption)

%                                                 15th September, 2014

KARAN SINGH & ANR.                                           ......Petitioners
                 Through:                 None.


                          VERSUS

RAM DASS                                               ...... Respondent
                          Through:        None.

CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?


VALMIKI J. MEHTA, J (ORAL)

1.            On the first call, no one was present for the petitioner and

therefore a pass-over was granted. Even on the second call, no one appears

for the petitioner. I have therefore gone through the record and am

proceeding to dispose of this petition.


2.            The petitioners/landlords impugn the concurrent judgments of

the Additional Rent Controller and Rent Control Tribunal dated 7.6.2012

and 17.8.2013 respectively, by which the eviction petition under Section




CMM849/2014                                                                      Page 1 of 3
 14(1)(a) of the Delhi Rent Control Act, 1958 (in short 'the Act') on the

ground of second default in payment of rent has been dismissed.


3.            A reading of the impugned judgments shows that the notice

issued under Section 14(1)(a) of the Act is dated 9.5.2008 and rent was sent

to the petitioners by a money order which was refused and therefore the rent

was deposited before the Rent Controller under Section 27 of the Act on

6.7.2008. The petition under Section 27 was itself earlier filed on 1.7.2008.

Both the dates of 1.7.2008 and 6.7.2008 are within two months of receipt of

the demand notice dated 9.5.2008 and therefore once the deposit is within

two months of receipt of the demand notice under Section 14(1)(a) of the

Act, arrears which are claimed are paid in time, and hence there is no default

for filing of the eviction petition under Section 14(1)(a) of the Act.


4.            Powers under Article 227 of the Constitution of India are

extraordinary and discretionary powers. It may be noted that the provision

of second appeal under Section 39 of the Delhi Rent Control Act, 1958 has

been repealed way back in the year 1988. Petitions under Article 227 of the

Constitution of India cannot be filed as if a second appeal is being filed

when there is no provision for filing of the second appeal. In any case, if



CMM849/2014                                                                Page 2 of 3
 this Court looks at the facts qua the issue of default, no doubt, no case is

made out under Section 14(1)(a) of the Act.


5.            Dismissed.



SEPTEMBER 15, 2014                            VALMIKI J. MEHTA, J.

ib