NABI KHAN Vs. HAJI GYASUDDIN

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 petitioners have assailed the eviction order dated 20th May, 2013 whereby the leave to defend application filed by the petitioners was rejected by the learned Rent Controller for the reason mainly that the same was not filed within the stipulated period prescribed under the Act. There was a delay of one day after the expiry of prescribed period of 15 days.

(2.) THE respondent had filed an eviction petition against the petitioners under Section 14(1)(e) of the Act, however the petitioners filed the leave to defend application in the said petition after the delay of one day.

(3.) THE learned Trial Court observed that the summons in the petition were served on the petitioners through ordinary process on 30 th October, 2012 and also before 1st November, 2012 through registered post as the postal seal dated 1st November, 2012 was affixed on the acknowledgement card sent back to the Court. Otherwise also, the petitioners had clearly mentioned in para No.1 of their application that summons were served on them on 1st November, 2013. The learned Trial Court observed that computing period of limitation from 1st November, 2012, the application for leave to defend was to be filed within statutory period of 15 days i.e. till 16 th November, 2012. The application for leave to defend was filed on 17th November, 2012 i.e. after delay of one day. The learned Trial Court did not condone the delay in filing the leave to defend application by the petitioners. Aggrieved thereof the petitioners filed the present petition.