CHARAN SINGH Vs. RAMESH

JUDGEMENT

(1.) (Oral) - This is a revision petition u/S 25 B (8) of the Delhi Rent Control Act (for short "the Act"), assailing the order dated 30.08.2012 passed by the Ld. ARC, North East, Delhi, whereby the written statement filed by the petitioner tenant was disallowed and the eviction order was passed.

(2.) Brief facts of the case are as follows. The petitioner was the tenant in respect of property bearing house no.65, Gali No. 2, Harijan Basti, Amar Vihar, Karawal Nagar, Delhi-94 (hereinafter referred to as "the tenanted premises"). The respondent landlord filed an eviction petition u/S 14(1) (e) of the Act wherein he stated that the tenanted premises was needed by him for his own residence as he was then residing in a rented accommodation. Notice was affected as per the prescribed form in the IIIrd Schedule of the Act. Summons was duly served on him personally on 17.05.2012. The matter was taken up again on 23.07.2012 and then again posted for 18.08.2012 on which date, instead of filing a leave to defend application, the petitioner filed a written statement. This fact was pointed out and the matter was adjourned to 28.08.2012, on which date, the leave to defend application was filed. The Ld. ARC dismissed the leave to defend application on the ground that there was a delay of 90 days in filing the leave to defend application and the same could not be condoned. This order is under challenge in the present petition.

(3.) Before adverting to the submissions made by the learned counsels for the parties, I must reiterate that the power of this Court under Sec. 25 - B (8) Act are not as wide as those of Appellate Court, and in case it is found that the impugned order is according to law and does not suffer from any jurisdictional error, this Court must refrain from interfering with the same. The power under this provision is limited and supervisory in nature. Only when it is evident that the Rent Controller has committed grave illegality or came to a conclusion which was not possible, based on the material produced, should this Court interfere in the orders passed by the Rent Controller.