KULWANT SINGH Vs. VIKAS AHUJA

JUDGEMENT

(1.) By way of this petition, brought under proviso to Sec. 25B(8) of the Delhi Rent Control Act, the petitioner/tenant has assailed eviction order dtd. 16/5/2023 passed by the Additional Rent Controller because the petitioner/tenant failed to file application for leave to contest the proceedings under Sec. 14(1)(e) of the Act. On notice of these proceedings, respondent/landlord entered appearance through counsel. I heard learned counsel for both sides and examined the digitized trial court record.

(2.) Briefly stated, circumstances relevant for present purposes are as follows.

(3.) During arguments, learned counsel for petitioner/tenant took me through the above record and contended that since the service of summons in prescribed format was not on the present petitioner, there was no occasion for him to file application for leave to contest. Learned counsel for petitioner/tenant also submitted alternate contention that the Additional Rent Controller ought to have treated the written statement as application for leave to contest, as held by a coordinate bench of this court in the case titled: Shri Rambir Singh vs Smt. Balwant Kaur Choudhary and Anr., 2010:DHC:2111.