NAVEEN Vs. AKSHMA DEVI

JUDGEMENT

(1.) By way of this petition, brought under the proviso to Sec. 25B(8) of the Delhi Rent Control Act, the petitioner/tenant has assailed order dtd. 1/5/2018 of the learned Additional Rent Controller, Central District, Delhi, whereby the belatedly filed application for leave to contest the proceedings under Sec. 14(1)(e) of the Act was dismissed and eviction order with respect to shop no.3828, Arya Samaj Road, Karol Bagh, New Delhi (hereinafter referred to as 'the subject premises') was passed. On service of notice, the present respondent/landlord entered appearance through counsel. I heard learned counsel for both sides.

(2.) Briefly stated, circumstances relevant for present purposes are as follows. On 23/2/2013, the present respondent filed an eviction petition under Sec. 14(1)(e) of the Act against the present petitioner with respect to the subject premises. The summons issued in the prescribed format were served on the present petitioner through registered post on 6/3/2013 and through ordinary process on 18/4/2013. The present petitioner filed his application seeking leave to contest on 3/5/2013, claiming that the summons were served only on 18/4/2013. The present respondent filed reply to the said application, reaffirming service of summons on the present petitioner on 6/3/2013 through registered post. Subsequently, the present respondent obtained a certificate from the Post Master of the concerned Post Office to the effect that summons were served on the present petitioner on 6/3/2013. Therefore, the present respondent filed an application dtd. 14/3/2017 before the Additional Rent Controller seeking dismissal of the application for leave to contest as barred by time. By way of the impugned order the learned Additional Rent Controller allowed the said application dtd. 14/3/2017 of the present respondent and dismissed the application of the present petitioner for leave to contest.

(3.) Hence, the present petition.