SURAJ BHAN Vs. VIJAY PRAKASH BHARDWAJ

JUDGEMENT

(1.) C.M. No.10404/2014 (exemption)

(2.) This petition under Article 227 of the Constitution of India impugns the order of the trial court dated 10.5.2014 by which the trial court/Rent Controller has dismissed the application filed by the petitioner/tenant to recall the judgment and decree dated 2.7.2012 passed in a bonafide necessity petition filed under Section 14(1)(e) of Delhi Rent Control Act, 1958 on account of the petitioner/tenant not filing the leave to defend application in time.

(3.) Supreme Court in the judgment in the case of Prithipal Singh Vs. Satpal Singh (dead) through LRs, 2010 2 SCC 15 has held that there cannot be condonation of delay of even one day in filing of the leave to defend application, and once no leave to defend application is filed, then, contents of the petition are deemed to be admitted under Section 25-B(4) of the Delhi Rent Control Act, 1958 and which has therefore to be decreed.