*Hem Chand v. D.C.M. (1977) 3 SCC 483
*Not Printed
Civil Appeals Nos. 1748 of 1974 and 669 of 1975; 713-714 of 1976: 271 of 1976 and Special Leave Petn. (Civil) No. 1364 of 1975,, decided on 02/08/1977
Headnote
(A) Delhi Rent Control Act (59 of 1958) , S.15, S.14(1)(a)— Non-compliance with S. 14 (1) (a) and S. 15 (1) – Failure of tenant to pay arrears of rent – Landlord, if entitled to recover possession AIR 1972 Delhi 275 (FB), Partly Reversed.
Section 15 (1) confers a discretion on the Rent Controller either to strike out the defence or not depending upon the circumstances of the case. In view of Section 15 (7) the word “may” in S. 15 (1) cannot be construed as “shall”.(Para 7)
If the tenant deposits the rent in accordance with the notice under S. 14 (1) (a) or complies with an order under Sec. 15 (1) within one month from the date of the order the landlord cannot recover possession of the premises on the ground specified in S. 14 (1) (a). But if there is noncompliance of both S. 14 (1) (a) and S. 15 (1), the cause of action of the landlord praying for possession of the premises on the ground of failure to pay arrears of rent survives and the landlord can proceed with the application and make out his case.But it cannot be said that in the event of the failure of the tenant to deposit the rent under Section 15 (1) the Rent Controller is bound to pass an order for recovery of the possession for it yet remains for the landlord to prove his case that there was non-compliance of S .14 (1) (a). In view of S. 15 (7) an inquiry will have to be proceeded with even when the defence of the tenant has been struck out. More so this procedure is applicable when the defence is not struck out but only there is a failure to comply with an order under Section 15 (1). It is true that the Rent Controller has no power to condone the failure of the tenant to pay arrears of rent as required under Section 15 (1), but it cannot by itself be said that the right to obtain an order for recovery of possession accrued to the landlord.
(B) Delhi Rent Control Act (59 of 1958) , S.15(1)— Order to pay or deposit rent within one month from date of order – Rent Controller has no discretion to extend time prescribed under S. 15 (1). AIR 1972 Delhi 275 (FB), Affirmed.(Para9) (Para 9)
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