RAKESH GUPTA Vs. ASHOK DILWALI

JUDGEMENT

(1.) This petition under Section 25-B(8) of the Delhi Rent Control Act, 1958 (hereinafter called 'the Rent Act') has been filed by the petitioners-landlords against the order dated 15.01.2010 passed by the learned Additional Rent Controller whereby the application filed by the respondent-tenant seeking leave to defend the eviction petition filed against him and his brother Mr. Kailash Dilwali by the petitioners-landlords under Section 14(1)(e) of the Rent Act for their eviction from property no. A-2 Connaught Place, New Delhi (hereinafter referred to as 'the tenanted premises') was allowed and he was permitted to contest the eviction petition.

(2.) The eviction petition was filed against the respondent and his brother as the legal heirs of their father late Shri B.K.Dilwali who had been initially let out the tenanted premises by the grandfather of the petitioners. The relevant averments made in para no. 18 (a) of the eviction petition on the basis which eviction of the respondent and his brother was sought are reproduced below:-

(3.) The eviction petition was filed under Section 14(1)(e) of the Rent Act which had to be dealt with in accordance with the special procedure prescribed under Section 25-B of the Rent Act and the two respondents-tenants were required to seek permission of the Additional Rent Controller to contest the eviction petition as per the requirement of Section 25-B(4) of the Rent Act within fifteen days from the date of receipt of the summons.