B.P. DANGWAL Vs. SMT. KIRTI GOYAL

JUDGEMENT

(1.) This revision petition is directed against the order dated 18.12.2019 passed by the learned Rent Controller in RC/ARC No.311/2019 by which the eviction petition filed by the respondent/landlord under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (hereinafter referred to as "the Act") has been allowed. The respondent/landlord filed two applications for evictions; one under Section 14 (1)(a) & (b) of the Act and second under Section 14 (1)(e) of the Act to hand over vacant and peaceful possession of one shop situated at Ground Floor of property bearing no.IX/3262, Gali No.5, Dharampura, Gandhi Nagar, Delhi-110031 (hereinafter referred to as "the premises").

(2.) The learned Rent Controller issued notice on the petition under Section 14(1)(e) of the Act by order dated 3.09.2019. The notice was returnable on 9.10.2019. On 9.10.2019, the Rent Controller found that the summons sent to the petitioner herein in the prescribed format was received back served on 16.09.2019 but no application for leave to defend had been filed under Section 25B(4) of the Act by the petitioner. The matter was placed for final disposal on 21.10.2019. On coming to know about the order dated 9.10.2019, the petitioner/tenant filed an application for setting aside the order dated 9.10.2019 and for permission to file leave to defend application to the petition filed by the landlord under Section 14(1)(e) of the Act contending therein that he had not been served with the notice of the petition filed under Section 14(1)(e) of the Act. It was further stated in the application that the landlord had filed two petitions; one under Section 14 (1)(a) & (b) of Act and second under Section 14 (1)(e) of the Act and he was served only with the petition filed under Section 14 (1)(a) & (b) of Act and he was not served with the application under Section 14 (1)(e) of the Act. The said application of the petitioner for setting aside the order dated 9.10.2019 and permission to file the application for leave to defend was dismissed by an order dated 7.12.2019. The said order has not been challenged and has attained finality.

(3.) Pursuant to the dismissal of the application for setting aside the order dated 9.10.2019 and permission to file application for leave to defend, the impugned order dated 18.12.2019 has been passed by the learned Rent Controller allowing the eviction petition on the ground that the application seeking leave to defend the eviction petition had not been filed.