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1 - 10 of 19 (0.39 seconds)Section 27 in The Delhi Rent Act, 1995 [Entire Act]
The Delhi Rent Act, 1995
Section 26 in The Delhi Rent Act, 1995 [Entire Act]
Section 15 in The Delhi Rent Act, 1995 [Entire Act]
Section 20 in The Delhi Rent Act, 1995 [Entire Act]
Sarla Goel & Ors vs Kishan Chand on 8 July, 2009
In compliance of judgment of Sarla Goel (Supra), the respondent has
deposited the rent for the period January, 2010 to September, 2010 by
way of DR Petition No. 43/10 on 20.10.2010. Had the respondent not
been in arrears of rent, he had no reason to deposit the rent by way of
DR Petition under Section 27 of DRC Act. The main thrust of argument
on behalf of respondent was that PW-2, being SPA, had no personal
knowledge so he was not competent to depose in the instant case.
The said argument is without any basis as by and large the aspect of
payment of rent in the instant eviction petition is based on
documentary evidence with oral evidence assuming least significance.
Accordingly, the respondent is held to be in arrears of rent w.e.f
January, 2010 till July, 2010 (the date of issuance of legal notice
Ex.PW2/5 being 04.08.2010, the rent had become due only till July,
2010).
Arun Kumar Gupta vs Rakesh Sood on 11 January, 2012
Hence, the judgment of Arun Kumar Gupta (Supra) is not applicable
to the facts of the present case.
Raghbir Singh vs Sheela Wanti & Anr. on 18 February, 2009
41. Rather, the judgment of Honorable Delhi High Court
reported in 2009 (109) DRJ 19 titled as Raghbir Singh vs. Sheela
Wanti & Anr applies squarely to the facts of the present case, thus,
the respondent was under an obligation to tender interest on rent
along with rent, which the respondent has failed to tender.
Joginder Singh Sodhi vs Amar Kaur on 8 October, 2004
10. It is well-settled that the burden of proving sub-letting is
on the landlord, but if the landlord proves that the sub-tenant is in
exclusive possession of the suit premises, then the onus is shifted
upon the tenant to prove that it was not a case of sub-letting. Reliance
is placed upon the case titled as "Joginder Singh Sodhi Vs. Amar
Kaur 2004 (2) RCR (Rent) 493".