Delhi District Court
Shri Mahendra Kumar Sharma vs Brij Gopal Sharma on 15 May, 2026
IN THE COURT OF CCJ-CUM-ADDITIONAL RENT
CONTROLLER, CENTRAL, TIS HAZARI COURTS, DELHI
Presided over by- Sh. Devanshu Sajlan
RC ARC -: 469/2024
Unique Case ID -:
DLCT030060772024
In the matter of -
SHRI MAHENDRA KUMAR SHARMA
.... Petitioner
v.
BRIJ GOPAL SHARMA
... Respondent
1. Date of Institution : 16.08.2024
2. Date of Reserving Order : 26.02.2026
3. Date of Decision : 15.05.2026
4. Decision : Petition allowed.
Argued by -: Sh. Sonal Sinha, Ld. counsel for the petitioner.
Respondent is ex-parte.
JUDGMENT
1. The present eviction petition under Section 14 (1) (a) of Delhi Rent Control Act, 1958 (hereinafter, "the DRC Act") has been filed by Shri Mahendra Kumar Sharma (hereinafter, "petitioner") against Shri Brij Gopal Sharma (hereinafter, "respondent") in respect of one room, kitchen, toilet and balcony on the fourth floor of the property bearing No. 984, Bhoj Pura, Maliwara, Nai Sarak, Delhi-
RC ARC 469/2024 Shri Mahendra Kumar Sharma v. Shri Brij Gopal Sharma Page No.1 of 7 110006 as shown in red colour in the site plan attached with the petition (hereinafter, "the tenanted premises").
2. Brief facts pleaded in the petition are that the petitioner is the owner/landlord of one room, kitchen, toilet and balcony on the fourth floor of the property bearing No. 984, Bhoj Pura, Maliwara, Nai Sarak, Delhi-110006, and the respondent is a tenant under the petitioner in respect of the aforesaid portion, shown in red colour in the site plan. It has been averred that the respondent was inducted as a tenant in the suit premises by the then owner/landlord Sh. Gopi Chand. It has been further averred that after the purchase of the tenanted premises by the petitioner vide a registered sale deed dated 04.01.1996, the respondent attorned the tenancy in favour of the petitioner by virtue of the rent agreement dated 20.05.1997.
3. It has been further averred that the respondent initially paid the rent at the rate of Rs. 66/- per month, which was enhanced from time to time, and the last paid rent was at the rate of Rs. 150/- for the period up to 31.12.2015. It has been submitted that with effect from 01.01.2016, the respondent stopped paying the monthly rent.
4. Thereafter, it is averred in the plaint that the statutory demand notice dated 08.04.2022 under Section 14(1) (a) of DRC Act was sent to the respondent, thereby calling upon the respondent to pay the entire arrears of rent from 01.01.2016 till the date of the legal notice, with interest @ 15% per annum. It has been further submitted that the said legal notice was duly served upon the respondent.
5. Thereafter, the petitioner filed a petition before the Slum Authority, and vide order dated 02.05.2024, the Competent RC ARC 469/2024 Shri Mahendra Kumar Sharma v. Shri Brij Gopal Sharma Page No.2 of 7 Authority, DUSIB granted permission to the petitioner to initiate eviction proceedings against the respondent.
6. It has been further submitted that a second demand notice dated 03.06.2024 was served upon the respondent calling upon the respondent to clear the arrears of rent. However, it has been submitted that despite service, the respondent did not clear the arrears of rent. Hence, the present petition.
7. Notice of the petition was served upon the respondent, however, the respondent failed to appear, and therefore, vide order dated 04.03.2025, the respondent was proceeded ex-parte. Thereafter, the matter was listed for petitioner's evidence.
8. In support of his petition, the petitioner has led the following oral and documentary evidence:
ORAL EVIDENCE PW-1 : Petitioner DOCUMENTARY EVIDENCE Ex. PW1/1 : original site plan Ex. PW1/2 : sale deed dated 04.01.1996.
(OSR)
rent agreement executed on
Mark A :
20.05.1997
Ex.PW1/4 counterfoil of rent receipt No. 17
:
(OSR) dated 09.11.2015
Mark B : legal notice dated 08.04.2022
certified copy of Order dated
Ex. PW1/6 : 02.05.2024 passed in
CA(DUSIB)/80/2023
office copy of legal notice dated
Ex. PW1/7 :
03.06.2024
Ex. PW1/8 : original postal receipt dated
RC ARC 469/2024 Shri Mahendra Kumar Sharma v. Shri Brij Gopal Sharma Page No.3 of 7
03.06.2024
original postal receipt dated
Ex. PW1/9 :
03.06.2024
9. I have heard learned counsel appearing for the petitioner at length. I have also given my thorough consideration to the material on record.
10. Learned counsel for the petitioner has argued that the petitioner has proved his case by demonstrating that the respondent has not paid any dues of the petitioner. It is argued that the respondent has not contested this case by impeaching the evidence of the petitioner in any manner, and the case of the petitioner stands proved. As such, it is prayed that the petition be allowed, and the eviction be ordered.
SECTION 14(1)(a)
11. The present petition is under Section 14(1)(a) of the DRC Act, which reads as under-
"(a)- that the tenant has neither paid nor tendered the whole of the arrears of the rent legally recoverable from him within two months of the date on which a notice of demand for the arrears of rent has been served of him by the landlord in the manner provided in Section 106 of the Transfer of Property Act, 1882"
12. With regard to the ground under Section 14(1)(a) of the DRC Act, the petitioner has to first prove that the parties had a landlord and tenant relationship. In this regard, the petitioner has relied upon the sale deed Ex. PW1/2 (OSR), and the counterfoil of the rent receipt Ex. PW1/4 (OSR). The registered sale deed pertains to the tenanted premises in question. It is a settled position of law that very RC ARC 469/2024 Shri Mahendra Kumar Sharma v. Shri Brij Gopal Sharma Page No.4 of 7 owner of a property is automatically a landlord of the property since an owner is always entitled to receive rent. In this regard, reliance may be placed upon the judgment passed by the Hon'ble High Court of Delhi in Phulgita v. Shri Krishan Kumar & Ors, RC Rev. 527/11.
13. As such, based on the registered sale deed on record and the counter foil of the rent receipt, the petitioner has successfully proved that the petitioner is the owner/landlord of the tenanted premises. The evidence of the petitioner has remained unchallenged by the respondent and therefore, this ingredient stands amply proved by the petitioner.
14. Moving forward, the petitioner has also tendered into evidence the demand notice sent by him to the respondent, which is dated 03.06.2024, and is Ex. PW1/7. The demand notice is as per the requirement of the law, and the arrears of rent from 01.01.2016 at the rate of Rs. 150/- per month have been claimed from the respondent by the petitioner. Given the fact that the notice lays down all the factual foundation of the claims, and highlights the claim of the petitioner, the same is proved as per the requirement of the provision. Evidence by way of postal receipts have also been filed by the petitioner (Ex. PW1/8 and Ex. PW1/9). As per Section 27 of the General Clauses Act, there is a presumption that a document sent by a registered post is deemed served on the addressee in the ordinary course of post. Therefore, this ingredient has also been satisfied by the petitioner.
15. The fact that the respondent has not paid the arrears of rent within 2 months from the notice is also borne out from the evidence RC ARC 469/2024 Shri Mahendra Kumar Sharma v. Shri Brij Gopal Sharma Page No.5 of 7 of the petitioner. Therefore, since the whole case of the petitioner has remained unchallenged qua the ground under Section 14(1)(a) of the DRC Act, the respondent/tenant is liable to be evicted from the tenanted premises i.e., one room, kitchen, toilet and balcony on the fourth floor of the property bearing No. 984, Bhoj Pura, Maliwara, Nai Sarak, Delhi-110006, as shown in red colour in the site plan attached with the petition.
16. However, given the provision under Section 14(2) of the DRC Act, eviction cannot be straightaway be ordered under Section 14(1)
(a) of the DRC Act, without complying with the provisions under Section 15(1) of the DRC Act, and giving the tenant an opportunity to make the payment, as directed. Further, the petitioner can claim arrears of rent only for a period of 03 years immediately preceding the date of service of the legal demand notice (see Dr. O.M. Parmar v. Harsh Vardhan Nayyar, 2022/DHC/005238, dated 24.11.2022).
17. Keeping in view the above discussion, the facts and circumstances of the case, and the fact that the respondent has not addressed any arguments being ex-parte, in terms of Section 15 of the DRC Act, the tenant/respondent is directed to pay the landlord/petitioner the arrears of rent qua the tenanted premises at the rate of Rs. 150/- per month for a period of 03 years immediately preceding the date of service of the legal demand notice dated 03.06.2024 till date along-with simple interest of 15% per annum from the date on which such arrear became due within 30 days from today.
18. Issue court notice to the respondent, who be served with the copy of this judgment. The Process Server is directed to serve the RC ARC 469/2024 Shri Mahendra Kumar Sharma v. Shri Brij Gopal Sharma Page No.6 of 7 respondent by way of affixation, in case of refusal/ non- availability/lock on the premises. Further, photographs of affixation be obtained at the expenses of the petitioner which be filed in the Court alongwith his report by the Process Server.
19. Nazir to maintain miscellaneous file for consideration of benefit under Section 14 (2) of the DRC Act, for 28.07.2026. Nazir to report regarding compliance of order under Section 15 (1) of the DRC Act. The question whether respondent is entitled to benefit under 14 (2) of DRC Act, or not be considered on 04.08.2026. A copy of this judgment be placed in the miscellaneous file.
20. The eviction petition is accordingly disposed off.
21. No order as to costs.
22. File be consigned to record room after necessary compliance. Digitally signed by DEVANSHU SAJLAN DEVANSHU Announced in open Court SAJLAN Date:
2026.05.15 17:30:33 on 15th Day of May, 2026 +0530 (Devanshu Sajlan) CCJ-cum-ARC (Central) THC/Delhi/15.05.2026 RC ARC 469/2024 Shri Mahendra Kumar Sharma v. Shri Brij Gopal Sharma Page No.7 of 7