GURUCHARAN SINGH WASON Vs. PRAFUL PRAKASH RAMANAND

JUDGEMENT

(1.) The petitioner by way of the present petition under Section 25B(8) of Delhi Rent Control Act, 1958 (hereinafter referred to as "the DRC Act") has assailed the order dated 24th June, 2012 passed by the learned Trial Court dismissing the review application filed by the petitioner against the eviction order/judgment dated 4 th November, 2009.

(2.) Brief facts of the case are that the respondent filed an eviction petition bearing No.E-24/10 against the petitioner on the ground of bonafide requirement under Section 14(1)(e) read with Section 25B of the Act in respect of one shop forming part of property bearing No. F14/10 Model Town-II, Delhi situated on mixed land use road (hereinafter referred to as "the tenanted shop"). It was stated in the petition that the tenanted shop was lying locked for more than seven years and that the respondent required the same for his bonafide requirement. However the petitioner filed the leave to defend application in the said petition after the delay of two days.

(3.) It was explained by the petitioner that after getting the summons on 7th October, 2009, the petitioner kept the same in an almirah and forgot about the same. It was only on 23th October, 2009, when his wife reminded him about the case and the summons, he started searching for the summons. It was further stated that he then without any further delay, engaged the counsel, who sought instructions, drafted the leave application on the same day and filed the same on 24th October, 2009. It was further stated that it was so filed on 24th October, 2009 as by the time the application could have been prepared, the court's time was over and there was a delay of two days in filing the application.