Delhi rent control act, 1958

Gulshan Tanwar (Querist) 04 August 2015 This query is : Resolved
Dear Friends,

A case u/s. 14 (1) (a) DRC was filed before Additional Rent Controller, Delhi and the Ld. ARC had ordered for the deposit of the rent u/s. 15 (1) for the arrears of rent and future rent. Despite that order the respondent didnot filed the said arrears of rent within time period of 30 days. The ARC struck off his defence. After evidence the ARC dismissed the petition stating that it had no jurisdiction to pass the decree as the rent is mentioned above the DRC limit of Rs.3500/-.

Now after 5 years, it came to knowledge that the respondent is not paying rent regularly and hence an execution petition has been filed before the Ld. ARC, and the Ld. ARC said that petition is not maintainable.

My question is that order passed u/s . 15 (1) DRC Act is part of Judgment or different from Judgment and why the execution petition is not maintainbale. Please mention any citation of High Courts or Supreme Court.

Thanks all friends for the same.

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Dr J C Vashista (Expert) 05 August 2015
1. The ARC has no powers to entertain an application u/s 14(1)(a)of The Delhi Rent Control Act, 1958 since the rent of demised premises exceeds Rs. 3,500/- per month.
2. During last 5 years various new ARCs have succeeded earlier Addl. Rent Controller, how can such vital information missed,
3. Unbelievable story and hypothetical query.

Rajendra K Goyal (Expert) 05 August 2015
Consult local lawyer and show him all the relative documents.

Gulshan Tanwar (Querist) 06 August 2015
Mr. Vashista,

I am sending you the complete order of the same and then see... whether it is unbelievable or another good story ......