AJAY SAXENA Vs. GEETA DEVI

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India impugns the order dated 2.9.2014 of the Additional Rent Controller (ARC) by which the Additional Rent Controller in Eviction Petition No.E-105/2014 has ordered that when summons for service in a Section 14(1)(e) petition under the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') are to be published in the newspaper, then even the entire eviction petition along with all the annexures of the eviction petition must be published in the newspaper.

(2.) In my opinion the impugned order is clearly illegal because publication in a newspaper for service of a respondent in an eviction petition is complete even if only the summons are published and there is no requirement of law of publishing in the newspaper the entire eviction petition along with the annexures, and which if is required to be done, then, all that be said is that possibly a whole newspaper space will be occupied only by the eviction petition, the annexures and the summons of the eviction petition.

(3.) It is not required in law that when respondent to an eviction case cannot be served by ordinary means, then, besides publication of summons, even the eviction petition and the annexures have to be published in the newspaper, and, courts must understand that by passing such an order a huge amount of expenditure, which will possibly run into at least a lakh of rupees or even lacs of rupees in some cases, will be unnecessarily caused to the petitioner.