H S GANDHI Vs. ABHA ARORA

JUDGEMENT

(1.) The challenge in this revision petition undersection 25B(8) is to the eviction order which has been passed against the petitioner tenant on an eviction petition having been filed by the landlady.

(2.) The landlady filed a petition under Section 14(l)(e) read with section 25B of the Act against the tenant, who is occupying the first floor of premises No.F-18, Geetanjali Enclave New Delhi. The landlady herself is residing on the ground floor of the said house. Summons were issued by the Additional Rent Controller, Delhi, under the Third Schedule, to the tenant. The tenant could not be personally served. The summons were received by his son. Though, as per the record, summons were also directed to be issued by registered AD, but there is nothing on record to show that such direction was complied with.

(3.) On the date which was fixed for hearing, namely, 23rd February, 1981 acounsel appeared on behalf of the tenant. I was admitted that affidavit had not been filed seeking ieave to contest the eviction petition but it was contended that there has been no valid service of the summons on the tenant. The counsel for the tenant also intimated to the court that the tenant himself was out of India and was in Sri Lanka.