HARDEV SINGH SOKHI Vs. VARSHA SEHGAL

JUDGEMENT

(1.) Petitioner has filed this petition under Section 25 B (8) of Delhi Rent Control Act, 1958 (for short as ,,Act) praying for setting aside order dated 7.7.2010 passed by Additional Rent Controller (for short as ,,Controller), Delhi, vide which applications under Section 25 B of the Act, under Section 5 of the Limitation Act, 1963 and under Section 151 of the Code, were dismissed and for recalling of eviction order dated 30.1.2010, passed by the Controller.

(2.) The brief facts of this case are that respondent/landlord filed an eviction petition under Section 14 (1) (e) and 25 B of the Act, against petitioner/tenant, through his attorney. Notice under Section 25 B of the Act, was issued to the petitioner through his attorney which was duly served upon the attorney on 29.12.2009. No leave to contest application was filed within the statutory period. Hence, vide order dated 30.1.2010, eviction order was passed against the petitioner.

(3.) It is contended by learned counsel for the petitioner that summons in relation to the eviction petition were required to be sent in the form specified in Third Schedule of the Act which do not prescribe mentioning of the next date of hearing. However, in the summons next date of hearing i.e. 30.1.2010 was mentioned which misled the attorney of the petitioner. As such no leave to contest application could be filed.