ANILA JAIN Vs. NIKUNJ SINGHANIA

JUDGEMENT

(1.) BY way of the present petition under Article 227 of the Constitution of India read with Section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as "the Act"), the petitioner has assailed the eviction order dated 8th April, 2013 of the learned Rent Controller whereby the leave to defend application filed by the petitioner was dismissed for the reason mainly that the same was not filed within the stipulated period prescribed under the Act.

(2.) THE respondent had filed an eviction petition being No.E -17/12 against the petitioner under Section 14(1)(e) of the Act in respect of a room bearing No. 3B, with Balcony alongwith common toilet and bathroom in the property bearing municipal No. A -14/3, Jamna Bhawan, 2nd Floor, Asaf Ali Road, New Delhi(hereinafter referred to as the "tenanted premises").

(3.) IT was the case of the petitioner that the delay in filing the leave to defend application is due to the fact that incomplete summons were served on the petitioner without the paper books containing pleading and documents and the same could not be called as complete service. The leave to defend application was filed within 15 days of receipt of the complete set of paper books were received by the petitioner.