KIRAN HAZRATI Vs. MEENA CHANDNA

JUDGEMENT

(1.) The present petition is directed against an order dated 28.7.2009 passed by the learned Additional Rent Controller, dismissing the application filed by the Petitioner/tenant for leave to defend an eviction petition preferred by the Respondent/landlady under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (for short 'Act') in respect of one shop on the ground floor portion of property bearing No. 4/1, Subhash Nagar, New Delhi.

(2.) Counsel for the Petitioner/tenant explaining the delay in preferring the present petition by stating that the delay occurred on account of the fact that due to bona fide inadvertence, the Petitioner/tenant had assailed the impugned order before the Rent Control Tribunal, by filing an appeal in the month of August 2009, which was ultimately withdrawn by her, as recorded in the order dated 14.12.2009 passed by the Tribunal, certified copy of which is placed on the record.

(3.) A perusal of the impugned order shows that the leave to defend application filed by the Petitioner/tenant was filed beyond the statutory period of 15 days. Though the learned ADJ observed that the Court had no authority to extend limitation beyond the stipulated period as provided for, under the Act Delhi Rent Control Act, he proceeded to deal with the merits of the case and held that the Petitioner/tenant had failed to raise any triable issue.