SARLA GOEL & ORS. versus KISHAN CHAND

SARLA GOEL & ORS. versus KISHAN CHAND

A tenant who has once availed the benefit under Section 14(2) of the Delhi Rent Control Act is not entitled to such benefit again in case of a second default. After refusal by landlord to accept rent, tenant must deposit rent with the Rent Controller in the prescribed manner under Section 27; mere tendering by money...

Source-derived case information.

Parties
Appellant: Sarla Goel & Ors.; Respondent: Kishan Chand
Jurisdiction
India
Judgment Date
08 July 2009
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Eviction, Default in Payment of Rent, Delhi Rent Control Act
Landlord Tenant Law Rent Control Eviction Default in Payment of Rent Delhi Rent Control Act

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Summary, issues, holding and outcome

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Parties

Sarla Goel & Ors.

Appellant

Kishan Chand

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the respondent tenant committed a second default under the Delhi Rent Control Act by failing to deposit rent with the Rent Controller after landlord's refusal to accept rent
  2. 2 Whether the tenant is entitled to protection against eviction after availing benefit under Section 14(2) once and committing second default

Ratio Decidendi

A tenant who has once availed the benefit under Section 14(2) of the Delhi Rent Control Act is not entitled to such benefit again in case of a second default. After refusal by landlord to accept rent, tenant must deposit rent with the Rent Controller in the prescribed manner under Section 27; mere tendering by money order is not sufficient. Failure to deposit constitutes second default and attracts eviction.

Court Disposition

Appeal allowed

Orders

  • Impugned order of the High Court set aside
  • Eviction order by Rent Controller restored