TaxTMI 
TaxTMI 
2004 (10) TMI 601
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....roller was restored by which the defence of the appellant was struck off. By the same order the writ petition filed by the tenant-appellant was dismissed. 3. The appellant is a tenant of a commercial premises situate in Karol Bagh, New Delhi on a rental of ₹ 30/- per month. The landlord, Ravinder Kumar Suri, filed a petition for eviction of the appellant under Section 14(1)(a) of Delhi Rent Control Act, 1958 (for short "the Act") on the ground, inter alia, that the appellant was in arrears of rent. The Rent Controller passed an order under Section 15(1) of the Act on 20.12.1999 directing the appellant to deposit or pay to the landlord within one month the entire arrears of rent w.e.f. 1.6.1996 and to continue to pay the fut....
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....order to establish his case, the appellant placed on record a letter dated 3.1.2000 sent by its counsel to the landlord, wherein it was mentioned that the rent at the rate of ₹ 30/- per month w.e.f. 1.6.1996 to 31.12.1999 amounting to ₹ 930/- was being sent by cheque. The landlord seriously disputed the fact that any cheque was sent to him. The appellant did not lead any evidence whatsoever to establish that any cheque for ₹ 930/- was in fact sent to the landlord on 3.1.2000. Even otherwise, the arrears of rent which were required to be sent were ₹ 1260/- and not ₹ 930/-. The appellant also placed on record another letter dated 30.6.2000, wherein it was mentioned that rent for the period 1.2.2000 to 31.12.2000 ....
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....nce, the order passed by the Rent Controller required modification. He accordingly directed the appellant to deposit the whole arrears of rent along with penalty of same amount within 30 days and if the same was done, the order of the Rent Controller shall stand set aside. The High Court in the writ petition preferred by the landlord held that the appellant had shown a willful and contumacious default and had set up a palpably false plea about compliance of the order and consequently he was not entitled to any indulgence from the Court. The High Court accordingly set aside the order of the Rent Control Tribunal and restored that of the Rent Controller. 5. The provisions of Section 15(7) of the Act have been examined by a Three Judge Bench ....
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....rate. (See 27 Corpus Juris Secundum page 289). When it is said that something is to be done within the discretion of the authorities that something is to be done according to the rules of reason and justice and not according to private opinion; according to law and not humour. It only gives certain latitude or liberty accorded by statute or rules, to a judge as distinguished from a ministerial or administrative official, in adjudicating on matters brought before him. 7. In the present case, the finding of the Rent Controller and also of the Rent Control Tribunal is that the appellant set up a totally false plea of his having sent the rent through cheques to the landlord. Apart from pleading that he had sent the amount through cheques, he p....