SHANTI PRASAD JAIN Vs. PRAKASH NARAIN MATHUR

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against a judgment and order dated 31st of January, 2008 passed by a learned Judge of the High Court of Delhi at New Delhi in CM (Main) No. 50 of 2005 whereby an application filed under Article 227 of the Constitution at the instance of the landlord/respondent was allowed and the order passed by the Additional Rent Control Tribunal, Delhi dated 5th of November, 2004 allowing the tenant's appeal and setting aside the order dated 18th of May, 2004 passed by the Rent Controller, Delhi was set aside whereby the High Court had allowed the application filed by the landlord/respondent under Section 15(7) of the Delhi Rent Control Act, 1958 (in short 'the Act') and rejected the application for condonation of delay in depositing the rent under Section 151 of the Code of Civil Procedure (in short, "the Code") of the tenant and consequent thereupon, the defence of the tenant was struck out.

(3.) The facts in brief are as follows: