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Tasarruf Husain (Since Deceased) ... vs Khalid Rehman & Others Page 1 Of 21 Pages on 3 June, 2020
cites
Section 27 in The Delhi Rent Act, 1995 [Entire Act]
The Delhi Rent Act, 1995
Manmohan Chawla vs Jaswant Singh Sethi on 24 January, 1969
25.In the case of Manmohan Chawla vs Jaswant Singh 1969 DLT
375, V. S. Deshpande, J. (as he then was) while considering the
proviso to Section 14 (2) DRC Act, it was observed that Section
was added by the Legislature because as it felt that there must be
some limit to the remedy available to the tenant and he should not
be allowed the benefit of depositing the arrears of rent and
defeating the eviction proceedings adĀinfinitum. It was observed
that the proviso was applicable to both Section 14 (2) of DRC Act,
as well as, to the relevant provisions of Section 15 (1) (3) (6).
M.M. Chawla vs J.S. Sethi on 15 September, 1969
The
observations made herein were endorsed by the Apex Court in
M. M. Chawla vs J. S. Sethi 1970 (1) SCC 14.
Ashok Kumar vs Ram Gopal on 8 April, 1982
27.Likewise, in Ashok Kumar vs Ram Gopal 22 (1982) DLT 188,
Hon'ble Delhi High Court observed that the cause of action
accrues and the provision of proviso to Section 14 (2) of DRC Act
becomes applicable the moment there is a default committed on
the part of the tenant in not making the payment pursuant to the
receipt of the notice of demand. If the entire arrears of rent are not
paid within two months of receipt of notice, then the tenant
becomes liable for eviction.
E. Palanisamy vs Palanisamy (D) By Lrs & Ors on 31 October, 2002
29.In E. Palanisamy vs Palanisamy (2003) 1 SCC 123 while
considering similar provisions under Tamil Nadu Buildings (Lease
and Rent Control) Act, 1960, it was observed that where landlord
refuses to accept the rent tendered by money order, the tenant is
entitled to deposit rent before the Rent Controller. It was further
observed that benefit conferred on the tenant can be enjoyed only
by strict compliance with the statutory provisions. Equitable
consideration has no place in such matters. A strict compliance
with statue is necessary. The tenant cannot straight away jump to
the last step i.e. deposit rent in court. The last step can only be
after the earlier steps have been taken by the tenant.
Kuldeep Singh vs Ganpat Lal & Anr on 5 December, 1995
Similar view
RCT No. 28/2017
Tasarruf Husain (since deceased) through his LRs Vs.Khalid Rehman & Others Page 14 of 21 Pages
was taken in Kuldeep Singh vs Ganpat Lal (1996) 7 SCC 243 and
M. Bhaskar vs Venkatarama Naidu (1996) 6 SCC 228.
Sant Ram vs Janki Parshad on 24 February, 2000
14.In the case of Sant Ram vs Janki Parshad 2000 SCC OnLine Del
202, Hon'ble High Court of Delhi observed that Section 14 of
DRC Act gives protection to the tenants against eviction who
cannot be evicted except on the grounds that are specified therein.
Sh. Mohd. Abid vs Smt. Kausar Parveen on 25 November, 2014
33.The Hon'ble High Court of Delhi in the case of Mohd. Abid Vs.
Kausar Parveen C.M (M) No.1271/2013 decided on 25.11.2014
referred to the judgment of Sarla Goel (supra) and concluded that
in case of refusal of rent by the landlord, the procedure to be
followed is dealt under Section 27 and in case the mandatory
provision of procedure as prescribed under Section 27 is not
followed, then it has to be held that the tenant has committed
default in payment of rent.