Demand notice under Delhi Rent Control law need not warn of eviction on default; composite notice remains valid.
A demand notice for arrears of rent under the Delhi Rent Control Act remains valid even if it does not expressly warn that eviction will follow on default, because the statutory consequence of non-payment flows from the Act itself and the notice serves only to demand payment. A composite notice referring to other remedies, including winding-up proceedings under the Companies Act, 1956, does not invalidate the demand if it clearly calls for arrears and possession on termination of tenancy. A challenge to that notice does not defeat an order under section 15(1), since the deposit direction is made when an eviction petition on non-payment is filed and validity is examined later. The demand notice and deposit order were upheld.
Issues: (i) Whether a notice demanding arrears of rent under the Delhi Rent Control Act is invalid because it does not state that eviction proceedings will follow on default and is issued as part of a composite notice referring also to winding-up proceedings under the Companies Act, 1956. (ii) Whether the challenge to the validity of such notice can defeat an order passed under section 15(1) of the Delhi Rent Control Act.
Issue (i): Whether a notice demanding arrears of rent under the Delhi Rent Control Act is invalid because it does not state that eviction proceedings will follow on default and is issued as part of a composite notice referring also to winding-up proceedings under the Companies Act, 1956.
Analysis: The statutory scheme requires service of a notice of demand for arrears of rent in the manner provided by section 106 of the Transfer of Property Act. The tenant's obligation to pay rent is created by the Delhi Rent Control Act, and the consequence of non-payment is provided by the statute itself. A notice of demand is only a reminder of that obligation and need not additionally warn that eviction proceedings will be instituted if payment is not made. The fact that the landlord also referred to other legal remedies, including proceedings under sections 433(c) and 434 of the Companies Act, 1956, did not invalidate the demand notice. The notice clearly demanded the arrears and required delivery of possession on termination of the tenancy, and a composite notice of this kind is permissible.
Conclusion: The notice was valid and the objection to its validity failed.
Issue (ii): Whether the challenge to the validity of such notice can defeat an order passed under section 15(1) of the Delhi Rent Control Act.
Analysis: Section 15(1) obliges the Controller to make the deposit order once an eviction petition on the ground of non-payment of rent is filed. The validity of the notice is not finally determined at that stage, but only when the court later considers whether the tenant is liable to eviction on the statutory ground. Even otherwise, no infirmity was found in the order directing deposit of arrears and future rent.
Conclusion: The challenge did not displace the order under section 15(1).
Final Conclusion: The appeal failed on the merits, the demand notice was upheld, and the tenant remained bound by the deposit direction, though time for compliance was extended.
Ratio Decidendi: A notice of demand under section 14(1)(a) of the Delhi Rent Control Act is valid if it demands arrears of rent in the manner required by law; it need not specify the eviction consequence on default, and a composite notice referring to other remedies does not invalidate it.
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