LAWS(DLH)-2013-7-182

RAJENDER KUMAR Vs. SHARDA

Decided On July 04, 2013
RAJENDER KUMAR Appellant
V/S
SHARDA Respondents

JUDGEMENT

(1.) THE abovementioned petition has been filed by the petitioner against the rejection of leave to defend application and eviction order dated 18 th April, 2012 passed by the Addl. Rent Controller, Rohini Courts, Delhi in Eviction Petition No.62/2012 as there was two days delay in filing the application for leave to defend.

(2.) ADMITTEDLY , the petitioner received the summons on 21st March, 2012 in the prescribed form. The application for leave to defend was filed on 9 th April, 2012. The last date for filing the application for leave to defend was 5th April, 2012, under the prescribed period of 15 days. The 5th and 6th April, 2012 were national holidays. Thus, it could have been filed on 7 th April, 2012 being the last date, but the same was filed on 9th April, 2012. The explanation given in the application filed by the petitioner under Section 25- B (4) & (5) of the Delhi Rent Control Act, is that on 7 th April, 2012 there was a lawyer's strike, therefore, the affidavit could not be attested due to non-availability of the Oath Commissioner and 8th April, 2012 being Sunday, hence the application could only be filed on 9th April, 2012.

(3.) BY the impugned order passed on 18th April, 2012, the application of the petitioner for leave to defend was dismissed and eviction order was passed. The said order has been challenged by the petitioner before this Court by filing the present petition.