INDER MOHAN SACHDEVA Vs. USHA INTERNATIONAL LTD

JUDGEMENT

(1.) An Eviction Petition on the ground of bonafide requirement under Section 14 (1) (e) of the Delhi Rent Control Act, 1958 (the Act) was filed by the Petitioner on 19.02.2010. By an order dated 11.05.2011 an application seeking leave to contest filed by the Respondent tenant was allowed by the Rent Controller. The case was fixed for filing of the written statement on 07.07.2011. None appeared on behalf of the Petitioner (the landlord) and the Eviction Petition was dismissed in default under Order IX Rule VIII of the Code of Civil Procedure (CPC).

(2.) On 08.07.2011, the counsel for the Petitioner came to know that the Petition was dismissed in default on 07.07.2011 and an application for restoration was moved on 12.07.2011 on the ground that the counsel could not appear before the Controller because of wrong noting of the date. The application was however dismissed on 03.11.2011.

(3.) The primary question for determination in the Petition is whether the Petition under Article 227 of the Constitution of India is maintainable against the order passed by the Controller or he should have pursued the remedy of Appeal under Section 38 of the Act.