RAFEEQAN Vs. HUSSAN BANO

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 27th May 2003 passed by the Delhi High Court in Civil Revision No. 754 of 2002. By the impugned judgment and order, the High Court affirmed the order of the Additional Rent Controller dated 27th May, 2002 by which the Additional Rent Controller dismissed the application of the appellant for leave to defend in the eviction proceeding filed against her by the respondent under Section 14D of the Delhi Rent Control Act (hereinafter, Rs. the said Act).

(2.) The material facts of the case are that the respondent, a widow, filed a petition under Section 14D of the said Act to recover immediate possession of the premises of which the appellant is a tenant in one room, kitchen, bathroom, latrine and courtyard on the first floor of property No. 4899-A Gali Maulvi Abdul Rahim, Bara Hindu Rao, Dehli at a rent of Rs. 100/- per month and other charges.

(3.) Admittedly, the respondent purchased the property in question by a registered sale deed dated 31.10.1961 and the appellant was inducted as a tenant in the said property by the previous owner. In the eviction petition it was stated by the respondent- landlord that she and her family require the tenanted premises for her own residential purposes. When such eviction petition came before the Court of the Additional Rent Controller, Delhi the Court recorded that nobody appeared on behalf of the appellant in spite of notice in the newspaper and no leave application was filed. However, the Additional Rent Controller, Delhi by judgment and order dated 18.3.1999 dismissed the eviction petition filed by the respondent herein, inter alia, on the ground that the tenanted premises was let out by the previous owner from whom the respondent herein purchased the tenanted premises. It was not let out either by the respondent herein or by her husband or by any of her blood relations and the Additional Rent Controller held that Section 14B of the said Act does not apply.