RAM NARESH Vs. NARAYANI DEVI

JUDGEMENT

(1.) THIS petition under Section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') impugns the order of the Additional Rent Controller dated 11.8.2014 by which the bonafide necessity eviction petition was decreed against the petitioner/tenant on account of failure of the petitioner/tenant to file the leave to defend application within the prescribed statutory period of 15 days, as held by the Supreme Court in the case of Prithipal Singh Vs. Satpal Singh (dead) through LRs : (2010) 2 SCC 15. In this judgment the Supreme Court has held that there cannot be condonation of delay of even one day in filing of the leave to defend application.

(2.) THE impugned order records that efforts were made for service of the petitioner herein (respondent in the eviction petition) on different dates, but service was not effected, however, the petitioner/respondent along with his counsel appeared in the court on 27.11.2013, and which date was therefore taken as the date of service of summons in the bonafide necessity eviction petition and hence for commencement of the 15 days statutory period for filing of the leave to defend application. The order dated 27.11.2013 recording these aspects reads as under: -

(3.) LEARNED counsel for the petitioner has argued before this Court two aspects. Firstly it is argued that since the service of the prescribed summons as per the Schedule to the Act was not effected, the 15 days prescribed statutory period did not commence for filing of the leave to defend application. The second aspect which is argued is that the petition filed was without jurisdiction as the Act did not extend to the area in which the suit/tenanted premises are situated.