KANCHO DEVI Vs. SAURABH SRIVASTAVA

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 eviction order dated 29th March, 2012 of the learned Rent Controller 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 room on the ground floor of the property bearing No. 1058, Gandhi Gali, Fathepuri, Delhi-6 (hereinafter referred to as the "tenanted premises"). As the petitioner did not file the leave to defend application in the said petition, an eviction order was passed by the impugned order.

(3.) It is stated by the petitioner that summons of the eviction petition were sent to her on 25th February, 2012. However, as the petitioner is an old widow lady living all alone and suffering from numerous ailments, she was not in a position to take any action in the said matter as she was bed-ridden being severely sick at that time. Hence she took help from one of her acquaintance and requested that some legal assistance may be provided to her. It has been further stated that on the date of hearing i.e. 29th March, for 2012, the petitioner with the help of her acquaintance moved an application seeking free legal aid for defending her case. Though the learned Trial Court observed that she should have approached the Court for grant of legal aid within stipulated time and therefore, passed the impugned eviction order.