SHIV CHARAN Vs. RAM PARSHAD

JUDGEMENT

(1.) Though this petition is filed under Section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') however it ought to have been filed under Article 227 of the Constitution of India since it is a petition filed against allowing of the leave to defend and a review can be filed under Section 25B(8) of the Act only against the dismissal of a leave to defend. Therefore, the same is treated as a petition filed under Article 227 of the Constitution of India.

(2.) This petition under Article 227 of the Constitution of India impugns the order of the Additional Rent Controller dated 07.7.2014 by which leave to defend has been granted to the respondent/tenant. No one is present for the petitioner on the first call as also on the second call.

(3.) The relevant paras of the impugned order showing that leave to defend should have been granted are para nos. 6 to 9, and which paras read as under:-