Tenancy
anilkumar yadav
(Querist) 05 March 2017
This query is : Resolved
The tenant has availed the benefit U/S 14(1)(a) of Delhi Rent Control Act, thereafter the landlord files a suit before a civil court after terminating the tenancy by a notice u/s 106 of TPA and challenges the applicability of DRCA over the suit premises and in the plaint admits that thus DRCA doesn't applies to the suit premises, the earlier decree passed by the rent controller is a nullity and claims mesne profits @ Rs. 500 per day. from then on the tenant stops payment of rent altogether but in his defence says that DRC is applicable thus protected by statutory tenancy.
Now if the landlord withdraws the civil suit, will the non payment of rent be a ground for eviction as the tenant has not paid the rent since the filing of civil suit (i.e. 36 months).
Dr J C Vashista
(Expert) 07 March 2017
Benefit u/s 15(b) DRC Act, 1956 has not been availed by tenant, hence Rent Controller shall pass an eviction order, on an application.
