YASH PAL Vs. CHAMPA LAL CHARORIA

JUDGEMENT

(1.) This revision petition has been filed by the petitioner-tenant under Section 25-B (8) of the Delhi Rent Control Act,1958 against the order dated 09.09.10 passed by the learnedAdditionalRent Controller whereby an eviction order was passedagainst him inrespect of house no. 7601, plot no. 8, Ram Nagar,Delhi in theeviction case filed against him by therespondents-landlords underSection 14 (1) (e) on the ground oftheir bona fide requirement ofthe same.

(2.) Since the eviction petition had been filed on the groundofbona fide requirement of the respondents herein in respect ofthetenanted premises in occupation of the petitioner herein,summonsunder Section 25 -- B(3) of the Delhi Rent Control Act wereorderedto be served upon the petitioner by the trial Courtreturnable for25th October, 2009. Before that date, however, therespondentsserved upon the petitioner a notice dated 1st August,2009 throughan advocate in which he was informed about the filingof thepresent eviction case as well as the aforesaid date beforethetrial Court. It was also mentioned in the notice thatthepetitioner was required to apply for leave to defend theevictionpetition within 15 days from the date of receipt of noticeof theeviction petition. On receipt of the said legal notice,thepetitioner instead of waiting for the receipt of summons fromtheCourt chose to appear before the trial Court on 29th October,2009.On that date the learned trial Court after noticing theprocessserver''s report that the petitioner -- tenant hadremainedunserved with the summons got him delivered the copy oftheeviction petition and the supporting documents fromtherespondents'' counsel. Thereafter the petitioner was informedtofile the leave to defend application within stipulated time.Thepetitioner -- tenant, however, did not move any applicationseekingleave to defend the eviction petition within the statutoryperiodof 15 days as provided under Section 25 -- B (4) of the DelhiRentControl Act. On 9th February, 2010 the respondents movedanapplication under Section 25 -- B (4) informing the trialCourtthat the petitioner -- tenant had failed to seek leave todefendthe eviction petition within 15 days from 29th October, 2009,onwhich date he was deemed to have been served with the summonsofthe eviction petition because of his appearance in Court and soitwas prayed that eviction order should be passed. Notice ofthatapplication was issued to the petitioner -- tenant for 31stMarch,20110 on which date also he appeared before the trial Courtandsought permission to make his submissions in the matter. Thecasewas then adjourned to 13th April, 2010 by the trial Court onwhichdate the trial Court recorded the following proceedings:-

(3.) Thereafter, the learned Additional Rent Controllervideimpugned order dated 9th September, 2010 passed an evictionorderagainst the petitioner -- tenant since he had failed to fileleaveto defend application within the stipulated time of 15 daysfrom29th October, 2009.