AUROBINDO MUKEIJI Vs. S C DAS

JUDGEMENT

(1.) This is a petition by the tenant under Section 25-B(8) of the Delhi Rent Control Act, 1958 (for short 'the Act') against the order of the Additional Controller dated August 10, 1982.

(2.) The petitioner, Aurobindo Mukerji, is in occupation of entire house No. D-587, Chittaranjan Park, New Delhi, as a tenant under the respondent, S.G. Das. On February 16, 1982 the respondent filed a petition under proviso (e) to Sub-section (1) of Section 14 read with Section 25B of the Act seeking eviction of the petitioner from the said premises. Summons were directed to be issued to the petitioner in the Form specified in the Third Schedule to the Act by ordinary process as well as registered post. The registered envelope was served on the petitioner on March 27, 1982. He was served by ordinary process on April 13, 1982.

(3.) On April 12, 1982 the petitioner filed an application under Section 151 of the Code of Civil Procedure staling that on March 27, 1982 he had received an envelope by registered post containing summons and a copy of the application, without the copy of the annexure to the application, which contained the grounds of eviction or the copy of the plan referred to in para 8 of the application. He kept waiting for getting the copy of the annexure but did not receive the same and was in the circumstances unable to file any affidavit or application seeking leave to defend and that fifteen days time for making the said application could be reckoned only from the date of the service of the copy of the annexure and the site plan. This application was supported by an affidavit of the petitioner. Notice of this application was issued to the respondent who did not file any reply.