MOHD. HAROON Vs. MOHD. YAHYA

JUDGEMENT

(1.) THIS revision petition under Section 25-B of the Delhi Rent Control Act (for short the 'Act') is directed against the order dated 19.3.2012 of the CCJ-cum-ARC, whereby the leave to defend application filed by the petitioners/tenants, was dismissed.

(2.) THE short point requiring consideration of this court is as to whether the leave to defend application filed immediately on the opening of the courts after summer vacations, though the 15 days' period to file the same had expired during summer vacations, could be taken to be filed within time or not.

(3.) THE submission of the learned counsel for the respondent/landlord is that there was a notification dated 25.5.2011 issued by the District and Sessions Judge, Delhi regarding the working of the Rent Controllers during summer vacations. A look at the notification would show that it mentioned about deputing of Rent Controllers/Addl. Rent Controllers during summer vacations-2011 to dispose of the urgent matters of the Delhi Rent Control Act. It was submitted by the respondent/landlord that the filing of the leave to defend application within 15 days of service is statutory and non-filing thereof, was to entail serious consequences; the filing thereof would be taken to be as a matter of urgent nature and hence, the petitioners/tenants could have filed leave to defend application before the expiry of 15 days, during summer vacations. It was also submitted that Section 4 and 5 of the Limitation Act do not apply to the proceedings under Section 14 (1)(e) read with Section 25B of the Act. THE learned counsel for the respondent sought to place reliance on the judgments of Om Prakash Vs. Ashwani Kumar Bassi, 2010 (2) Rent Control Reporter Pg. No. 244 (SC) and in M/s. Aster Publishing Vs. Sh. Niwas Aggarwal & Others, 2011 (1) RCR (Rent) 234 to contend that the court has no power to condone the delay in filing the leave to defend application, and that the provisions of the Limitation Act as well as General Clauses Act could not be attracted.