VIDYA SAGAR Vs. SHAKUNTALA DEVI

JUDGEMENT

(1.) Shri Vidya Sagar, hereinafter referred to as the petitioner has challenged the order of the Add1. Rent Controller Delhi dated 18- 4-91, whereby an order of eviction was passed against him in respect of the disputed premises undersection 14D of the Delhi Rent Control(Amendment) Act.

(2.) In brief, the facts of the case are that Smt. Shakuntala Devi, hereinafter referred to as the respondent, in about December, 1989 instituted an eviction petition against the petitioner on the ground under section 14D of the Delhi Rent Control (Amendment) Act. As per the averments made in the petition, she is the owner landlady of the property 58, Banarsi Das Estate, Timarpur and that she is a widow. The suit premises were let out by her husband to the petitioner and that she requires the same for her residence and she does not have any other property for her residence. The ground floor is in occupation of another tenant Shri P.C.Gupta. She wants to live in her own house in Delhi. Since the petition was filed under Section 14D of the Act, process under Schedule III of the Act were issued to Vidya Sagar, petitioner, who in turn appeared and filed an application seeking leave to defend the case on 16-1-90 within the stipulated period of fifteen days. However, the affidavit filed by him in support of his application dated 16-1-90 was without any attestation.

(3.) The Addl. Rent Controller did not agree with the contention of the counsel for the petitioner that non attestation of the affidavit is only a technical defect and that this affidavit though unattested should be taken note of and the application filed under Section 25B(4) of the Act should be heard on merits. The Addl. Rent Controller held that the unattested affidavit filed under Section 25B(4) of the Act is not an affidavit in the eyes of law and as no affidavit was filed within fifteen days from the date of service for seeking leave to defend the petition, so the statement made by the landlady in the petition for eviction shall be deemed to be admitted by the tenant and the landlady is entitled to an order of eviction on the ground as laid down under sub section (4) of Section 25B of the Act. In these circumstances, an order of eviction was passed against the petitioner Vidya Sagar.