SHIV GOPAL Vs. SHIPRA SINGH

JUDGEMENT

(1.) The present petition is filed under Section 25-B of Delhi Rent Control Act against the order dated 13.7.2010 passed by the Additional Rent Controller, wherein the trial court has dismissed leave to defend application filed by the petitioner/tenant and passed an eviction order against the petitioner herein.

(2.) The facts necessary to be highlighted in the present petition are that the petitioner herein was served by Registered Post on 13.2.2009 and the returnable date was 16.3.2009. As per statutory provision the leave to defend application was to be filed latest by 28.2.2009 (i.e. within 15 days). According to the petitioners they have signed the application of leave to defend on 28.2.2009 and handed over such application after lunch at about 3 P.M. to the Reader of the Learned ARC, on that day it was Saturday. Next day i.e. on 1.3.2009 it was Sunday. Subsequently, on 2.3.2009 the petitioner came know that the Reader put up the application before the Learned ARC on 2.3.2009 and upon which the following endorsement was made "Be put up on date fixed with the file. Sd/-ARC, ND 2.3.2009" and on that very day the counsel for petitioner was not present. Accordingly, after hearing the arguments on the application the Learned ARC has dismissed the application for leave to defend the eviction petition on the ground of not filing within the statutory time frame of 15 days as provided in the DRC Act.

(3.) Learned counsel for the petitioner has asserted that the impugned judgment is bad in law and the Learned ARC has not appreciated the correct facts that the counsel has handed over the copy of the application to Reader of the Learned ARC on 28.2.2009 at about 3 P.M. and the endorsement on that application was not made in the presence of the counsel for the petitioner and he was also not present in the court on 2.3.2009. Therefore, there is no delay on the part of the petitioner as well as his counsel as he has handed over the application to the Reader on the last day of expiry of the statutory period of 15 days.