LAWS(DLH)-2014-3-26

SHYAMAL PRASAD DAS Vs. ANITA VERMA

Decided On March 04, 2014
SHYAMAL PRASAD DAS Appellant
V/S
ANITA VERMA Respondents

JUDGEMENT

(1.) By way of the present petition under Section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as "the Act"), the petitioner has assailed the order dated 8 th July, 2013 of the learned Additional Rent Controller dismissing the review application filed by the petitioner against eviction order dated 13th April, 2012 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 against the petitioner under Section 14(1)(e) of the Act in respect of a shop bearing No. 1626, Dariba Kalan, Delhi (hereinafter referred to as the "tenanted shop") being No.E-02/2010.

(3.) The learned Trial Court/Additional Rent Controller (North District) by order dated 13th April, 2012 relied upon the statement of the petitioner made in para No.1 of the application for leave to defend which is supported by an affidavit admitting that he had received the notice in this case on 12th March, 2010. The leave to defend application was filed on 29th March, 2010 i.e. after expiry of 15 days. However, counsel for the petitioner before the Trial Court argued that the notice was received by the petitioner on two dates i.e. 12th March, 2010 and 13th March, 2010. The learned Trial Court however observed that the notice was received on 13th March, 2010 had not been mentioned in the entire application filed by the petitioner for leave to contest.