GAJANAND HARISHANKAR Vs. COL. (RETD.) AJAI SINGH VIRK

JUDGEMENT

(1.) THE present revision petition has been filed under Section 25B (8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as "the Act) against the order dated 30.04.2012 passed by the ld. Rent Controller, Saket Court, New Delhi, wherein the leave to defend application, filed by the petitioner-tenant herein, was dismissed, as being barred by time, and accordingly an order for eviction was passed in favour of the respondent-landlord.

(2.) THE facts of the case are that, the respondent is the co-owner of property no. C-204, Defence Colony, New Delhi (hereinafter referred to as the "the tenanted property"). The tenanted property was first let out by the respondent's mother Mrs. Shiv Darshan Virk vide letter dated 28.03.1963 with effect from 13.04.1963. The mother of the respondent died in 1965, leaving behind two minor sons (one of whom is the respondent) and one minor daughter. The respondent filed a petition u/s. 14(1) (e) of the Act in May 2011, claiming possession of the tenanted property on the grounds that he had retired from army and needs the suit premises for his residence, since he had no place to live in Delhi and that, he is currently residing in Jalandhar with his step-mother, where there is paucity of space.

(3.) THE impugned order is challenged by the petitioner primarily on the ground that it was not served of the summons in the manner as prescribed in Section 25 B of the Act and that, there was no mode of service by affixation prescribed under the provisions of Section 25B of the Act.