HAKUMAT RAI Vs. MADHUR KRISHAN DHINGRA

JUDGEMENT

(1.) The present revision petition has been filed by the Petitioner, tenant assailing the eviction order dtd. 24/9/2022 ('impugned eviction order') passed by the Rent Controller, Central District, Tis Hazari Courts, Delhi ('the Trial Court') with respect to shop bearing private No. 1, Ground floor, for the building bearing Municipal No. 1049/50, Kucha Natwan, Chandni Chowk, Delhi- 110006 ('the tenanted premises'), passed in favour of the Respondent, landlord.

(2.) The Trial Court has recorded in the impugned eviction order that the tenant failed to file an application seeking leave to defend within the statutory period prescribed under the Delhi Rent Control Act, 1958 ('the DRC Act'), even after being duly served with the notice of the eviction petition and thereby directed the eviction of the tenant from the tenanted premises.

(3.) Learned counsel for the Petitioner, tenant states that the Trial Court failed to appreciate that the copy of the eviction petition served on the tenant on 10/5/2022, contained few illegible pages. He states that on account of the said illegible pages the tenant was unable to file his leave to defend within 15 days.