FRANK ANTHONY PUBLIC SCHOOL Vs. AMAR KAUR

JUDGEMENT

(1.) No other act of the Indian legislature has shown such a high fecundity as the Rent Acts in producing complex problems for judges and lawyers to solve. A leading text book in England is dedicated "to the draftsmen of the Acts with awe and affection" and to the judges who administer them "with a sympathy as profound as it is respectful". (Sir Robert Meggary : The Rent Acts).

(2.) The facts of this case are not in dispute. The respondent landlady filed an eviction petition under Section 25-B of the Delhi Rent Control Act, 1958 (the Act) seeking eviction of the tenant. The Frank Anthony Public School, from the first floor of house No. R-231, Greater Kailash, New Delhi. The School had taken these premises on rent from the landlady on a monthly rent of Rs. 747.00 per month. On the ground that premises were bona fide required by the landlady for herself and members of her family she sued the tenant for eviction. (Section 14(1 )(e) of the Act).

(3.) The Additional Rent Controller issued summons in the ordinary manner as well as by registered post. The tenant applied for leave to appear and contest the eviction case. The Additional Controller held that the leave application was barred by time. On 17th March, 1983 he made an order of eviction. From the order of eviction the tanant has filed this revision applica- tion under Section 25-B(8) of the Act.