HARISH KUMAR Vs. KRISHNA

JUDGEMENT

(1.) BY way of the present petition under Section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') the petitioner assails the eviction order dated 13th September, 2011 passed by the learned trial court whereby his application for leave to defend was dismissed. The respondent had filed an eviction petition under Section 14(1)(e) read with Section 25 of the Act against the petitioner in respect of the tenanted property i.e. one room and a kitchen at the ground floor of the property at C -4, Gali No. 5, Majlis Park, Delhi which was let out to the petitioner by the husband of the respondent.

(2.) THE respondent, a senior citizen alongwith her husband and two sons, is residing in the property at C -4, Gali no. 5, Majlis Park, Delhi which is a two -storey building. The ground floor of the said property comprises of 3 rooms, a kitchen and a latrine -bathroom, of which 2 rooms are occupied by the respondent and one room is under the occupation of the petitioner as a tenant. The first floor of the said property comprises of 4 rooms which are occupied by different tenants.

(3.) THE petitioner, in his leave to defend application contended that the summons were not served to him in the prescribed format and so he was not aware of filing the leave to defend application with 15 days. The petitioner contested the landlord -tenant relationship between the parties since the petitioner allegedly came into possession of the tenanted premises through the husband of the respondent and had been making payment in his name. It was further contended that the paucity of the accommodation was self created by the respondent since the property on the first floor was let out only a couple of months before filing of the eviction petition.