OM PARKASH Vs. ANITA & ANR

JUDGEMENT

(1.) C.M. No.15211/2014 (condonation of delay)

(2.) This is a petition under Section 25-B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') against the impugned order dated 15.4.2014 by which the Additional Rent Controller has granted leave to defend. No petition is maintainable under Section 25-B(8) of the Act and actually this petition ought to have been filed under Article 227 of the Constitution of India and therefore at the request of the counsel for the petitioner, this petition is treated as a petition under Article 227 of the Constitution of India.

(3.) A reading of the impugned order shows that the respondent/tenant in the leave to defend application gave details of three properties being fourth floor in the building adjoining to the tenanted premises, three floors in a 75 sq yds property at 118 Bazar Lane, Bhogal and the third property is situated at Govindpuri which were said/pleaded to be alternative suitable premises for the landlord.