CANARA BANK Vs. T.T. LTD.

JUDGEMENT

(1.) This petition under Section 25-B(8) of the Delhi Rent Control Act, 1958 (in short 'the DRC Act') impugns the order of the Additional Rent Controller dated 14.5.2013 by which the Additional Rent Controller decreed the bonafide necessity eviction petition filed under Section 14(1)(e) of the DRC Act on the ground that the leave to defend application having been filed beyond the statutory period of 15 days therefore such leave to defend application cannot be considered inasmuch as delay in filing of the leave to defend application cannot be condoned in view of the judgment of the Supreme Court in the case of Prithipal Singh Vs. Satpal Singh (dead) through LRs, 2010 2 SCC 15.

(2.) Learned counsel for the petitioner argued before the Additional Rent Controller below, and which argument is also urged before this Court that even if leave to defend application is not filed, yet, if the eviction petition filed is without jurisdiction ie Section 14(1)(e) of the DRC Act could not at all have been invoked by the respondent-company, then in such a case an eviction petition cannot be decreed because the eviction petition itself was not maintainable.

(3.) It is true that if the Additional Rent Controller lacks the inherent jurisdiction to decide a case because the provision of Section 14(1)(e) of the DRC Act cannot be invoked, and that actually it is Section 22 of the DRC Act which will apply, then even if there is no leave to defend application, the Additional Rent Controller would be required to consider if the eviction petition itself was maintainable for being decreed under Section 14(1)(e) of the DRC Act. Putting it in other words, if the eviction petition is not maintainable as per the provision under which it is filed, then the special summary procedure provided for deciding that eviction petition under the provision as per which it is filed would not be available, and therefore for non-compliance of the special procedure in not filing the leave to defend application, the eviction petition cannot be decreed by deemed admission provided under Section 25 B(4) of the DRC Act.