ASTER PUBLISHING Vs. NIWAS AGGARWAL

JUDGEMENT

(1.) The present revision petition under section 25-B(8) of Delhi Rent Control Act, 1958 (for short as "the Act") has been filed by the petitioner against the order dated 02.08.2010 passed by Additional Rent Controller (for short as "the Controller") Delhi, whereby leave to defend/contest the eviction petition has been dismissed and an eviction order is passed under section 14(1)(e) read with section 25(B) of the Act against the petitioner in respect of suit premises.

(2.) The facts, necessary to be highlighted in the present petition as alleged by the petitioner/tenant, are that the petitioner/tenant has filed an application under section 25-B of the Act for leave to contest on 27.11.2009 wherein it is also stated that he was not served personally and someone threw summons of the case near his shop on 14.11.2009 and accordingly he filed an application for leave to defend. The respondent raised an objection that the said application is beyond the period of limitation of one day as such the decree for the eviction of the tenant should be passed. The petitioner/tenant has also raised an objection that the alleged service of the summons has not been effected at the correct address of the petitioner and the respondent/landlord has given the wrong address of the petitioner in the petition where the summons were alleged to have been served. The learned Controller, without considering the facts, as stated by the petitioner/tenant, has passed an eviction order in respect of the suit property vide order dated 02.08.2010.

(3.) Aggrieved, the petitioner has preferred this petition.