Case Law Details
Ramanand & Others Vs Dr. Girish Soni & Anr. (Delhi High Court)
FACTS
The Respondent i.e. the Landlord had given the concerned shop on rent for commercial purposes vide a lease deed on 1st February, 1975 to the Appellants i.e. the tenants.
The Respondent thereafter, filed for eviction of the Appellants under Section 14 (1) (e) of the Delhi Rent Control Act, 1958 and an order for eviction was passed on 18th March, 2017 by the Ld. Senior Civil Judge – cum – Rent Controller.
The Appellants filed an appeal against the Order before the Ld. Rent Control Tribunal however, the same was dismissed on 18th September, 2017. The Appellants had therefore, approached the Delhi High Court challenging the said decision. The Single Judge of the Delhi High Court on 25th September, 2017 granted a stay on the order of eviction and directed to pay a rent of Rs. 3.5 Lakhs per months by the 10th of English Calendar month.
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Author Bio
Dear Sir,
Tenant (Lessee) Mrs. Zulana Tejashbhai Shah , R/o 701, Krishna Garden Viva Vrindavan Nr. New VIVA college, Vasai Vihar, Municipal Corporation, Thane – 401302, Mumbai, Maharashtra whom we have given Lessors flat on rent
Address, Bakeri City, Vejalpur, Ahmedabad 380051.
Lessor wish to state the below given facts regarding failure of payment of dues and multiple dishonor of cheque by the Tenant:- Mrs Zulna Tejas Shah
1. Lessee (Tenant) has given cheque no. 223249 drawn on Bank of India amounting to Rs. 14000/- for rent of the month of Jan-20 which got bounced and charges of Rs. 177/- was levied to Flat Owner’s account for the reversal.
2. Post that Lessee made multiple verbal commitment and not paid Rent after stating muliple concerns. Although Lessor have given requested
time to the Lessee (tenant) and in the of Mar-20, Lessee (tenant) has paid cheque no. 261096 dated 6-Mar-20 drawn on Bank of India amounting to Rs. 42,000/- towards the rent of the months of Jan-20, Feb-20 & Mar-20. The same also got bounced and cheque bounce charges of Rs. 177/- was levied on the same as well.
3. Then we appraised the issue to theLessee (tenant) and the Lessee (tenant) again given the cheque no. 797314 dated 18-Mar-2020 drawn on Bank of India amounting to Rs. 42,000 for the month for due months as mentioned in point no. 2. Again the cheque got bounced and charges levied to Owner’s Account.
4. The Lessee (tenant) has submitted a cheque amounting to Rs. 1180/- with Torrent Power for electricity charges for the month of Jan-Feb’20 on 18-Mar-2020 which also got bounced.
5. Lessee (tenant) submitted a Cheque of Rs. 2000/- which was required to be paid by the Lessee (tenant) to the housing society (“Smarana Cooperative Housing Society”) was also got bounced & charges levied — which have been added by Society under dues of Flat owner as Rs. 2000/-+ cheque dishonor charges.
After that multiple commitments done by Lessee (tenant) but Payment not done.
6. Now it may be noted that following payment are dues as on date from the Lessee (tenant):-
(i) Lease rent of Rs. 1,19,0000/- is due from the lease starting date i.e. 1-Jan-20 to 15th Sep 20.
(ii) Electricity Charges are also due since 1-Jan-2020 of Rs. 9060/- to till Aug as per Aug20 month Bill.
(iii) Gas bill for the month of Jan-Feb’20 is due to be paid by the Lessee (tenant) and also the latest pending Adani GAS bill date 8 -aug-20 also due of Rs. 3730/- which is to be paid by Lessee (tenant).
I have served her notice on 13-Jun-2020 (after his consent & agreement) for payment of dues by 25-Jun-2020 (the date which she & her husband had proposed for payment) and to vacate the flat by 30-Jun-2020, the said notice was duly acknowledged by her , her husband and broker Mr. Vijay Rami. also Lessee (tenant) agreed to pay all dues before 30th June20 & vacate the Flat. But Lessee (tenant) Failed to fulfill both commitment.
We have approached Lessee (tenant) on 1-Jul-2020 as we have neither received the payment nor the Lessee (tenant) has vacated my flat. On that day Lessor had a discussion with Lessee and Lessee committed to pay the Rs. 40,000/- out of the total outstanding dues under the agreement on 8-Jul-2020 by 7:30 p.m. and the remaining dues as on 31-Jul-2020 including all dues (With Interest & electricity, gas, late payment charges, cheque bounces charges etc.) on 31-Jul-2020 by 7:30 P.M, also confirmed the same in written.
Again Lessee again failed to fulfill her commitment and requested to Vejalpur Police for time extension also committed in front of Police officers to make all payment by 6th Aug20 and Vacate Flat by 8th-Aug-20 but again Lessee failed to make full payment and vacate Flat / premises (Although on 6th-Aug-20 Lessee (tenant) done partial payment of Rs. 40,000/- against pending Rent), Also further Lessee requested to make all payment within a week time and Vacate Flat but again Failed to make the balance payment and not vacated Flat.
Although on 17th , Lessee Requested to DCP Sir for time extension till 31st-Aug-20 also committed to DCP sir to clear all pending dues and Vacate Flat by 31st-Aug-20.
Although after that also Lessee (tenant) not cleared dues and not vacated Flat as per commitment till 31st Aug-20, and further requested for time extention till 9th-Sep-2020 , again till 12th Sep20 and again time extention till 18th sep20 after call to Lessor on verbally, lessee again committing to clear all dues by 17th-Sep-20 and Vacate Flats by 18th-Sep-2020.
Kindly suggest an action if not clearing again on 17-th and 18th Sep20.
Requesting support for Clearing all pending payment and Vacate the Flat by 18th Sep2020 without any further extension.
Thanking you & seek your Guidance and closure of the said issue.