Case Note & Summary
The dispute arose from a landlady's appeal concerning the eviction of her tenant for non-payment of rent under the Delhi Rent Control Act, 1958. The tenant had fallen into arrears for two consecutive months, with rent payable in advance. Following a notice of demand served on the tenant, he sent bank drafts for the arrears but the landlady did not accept them. The Rent Controller initially ruled that the tenant was not in default, but the Tribunal later found that the tenant had not tendered the full arrears due within the notice period, establishing grounds for eviction. The High Court reversed this decision, concluding that the tenant had satisfied the notice by tendering the required rent within the specified timeframe. The landlady appealed to the Supreme Court, arguing that the arrears should include rent that accrued after the notice was served. The Supreme Court clarified that the arrears referred to in Section 14(1)(a) of the Act are strictly those demanded in the notice and do not extend to subsequent rent. The Court upheld the High Court's decision, affirming that the tenant had complied with the notice requirements and dismissing the appeal without costs.
Headnote
A) Rent Control - Eviction - Notice of Demand - Scope of Arrears - Delhi Rent Control Act, 1958, Section 14(1)(a) - The court held that the arrears of rent referred to in the notice of demand are limited to those due at the time of the notice and do not extend to rent accruing thereafter. The High Court's finding that the tenant had tendered the required arrears within the stipulated time was upheld, leading to the dismissal of the eviction application (Paras 745-747).
Issue of Consideration
Whether the arrears of rent demanded in the notice of demand include rent falling due after the service of the notice.
Final Decision
The Supreme Court dismissed the appeal, affirming the High Court's ruling that the tenant had satisfied the notice of demand by tendering the required arrears within the stipulated time.
Law Points
- Eviction
- Notice of Demand
- Arrears of Rent
- Delhi Rent Control Act
- 1958
- Section 14(1)(a)
