FIBER BIND SALES PRIVATE LIMITED Vs. CHAND RANI

JUDGEMENT

(1.) The petitioner is tenant in a portion of property No.8, Jamna Road, Civil Lines, Delhi under respondents No. 1 and 2, by means of a registered lease deed. dated 25.3.1983. The order which has given rise to the present revision petition under section 25B (8) of the Delhi Rent Control Act, 1958, (for short 'the Act'), was passed by .the Additional Rent Controller dismissing the application filed by the petitioner for leave to contest the eviction petition, instituted by respondent No. I, Suit. Chand Rani, invoking provisions of section 14D of the Act, wherein respondent No.2, was impleaded as second respondent.

(2.) The Additional Rent Controller, consequential to dismissal of application for leave to defend, passed an eviction order under section 14D read with section 25B of the Act by means of the impugned order dated 24.9.1992.

(3.) The correctness of this order has been assailed in the present revision petition on the contention that the petition under section 14-D was not maintainable, on the facts of the present Case, inasmuch as according to respondent No.1's own case, as set up in the eviction petition, she was the joint owner of the properly wherein the tenancy premises are situate, with her son, respondent No,2. and that the premises were jointly let out by the two in favour of the present petitioner, and the rent was also being paid to them jointly.