PRAVEEN KUMAR MALHOTRA Vs. ARUN KUMAR

JUDGEMENT

(1.) By way of this petition, brought under proviso to Sec. 25B(8) of the Delhi Rent Control Act (hereinafter referred to as 'the Act'), the present petitioner/tenant has assailed order dtd. 17/8/2023 of the learned Additional Rent Controller Delhi, whereby application of the present petitioner for leave to contest the proceedings under Sec. 14(1)(e) of the Act was dismissed on the ground that the application was filed beyond the time prescribed by law, and consequently eviction order in respect of the ground floor shop No.212, Gali Loharan, Ward VIII, Ajmeri Gate, Delhi (hereinafter referred to as 'the subject premises') was passed against the present petitioner. On service of notice, the respondent/landlord entered appearance through counsel. I heard learned counsel for both sides.

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

(3.) During arguments, learned counsel for the present petitioner/tenant took me through the above mentioned circumstances and fairly admitted that in view of the judicial precedent referred to by the learned Additional Rent Controller in the impugned order, coupled with the judgment of Supreme Court in the case of Prithipal Singh vs Satpal Singh(Dead) through LRs, (2010) 2 SCC 15, the Additional Rent Controller did not have power to condone the delay in filing the application for leave to contest, irrespective of the peculiar circumstances of this case. However, placing reliance on the judgment of Division Bench of this court in the case of Director, Directorate of Education and Anr vs Mohd Shamim and Ors, (2020) 266 DLT 1, learned counsel for the present petitioner contended that this is a fit case for this court to exercise discretion and after condoning the delay in filing the application for leave to contest, remand the matter to the Additional Rent Controller for fresh consideration.