NAJMUDDIN Vs. KHATIJA BEGUM

JUDGEMENT

(1.) Admitted.

(2.) This is a petition filed on behalf of the tenant underSecdon25B(8) of the Delhi Rent Control Act 1958 (hereinafter referred to as the Act) and in this petition it has been prayed that the impugned order passed by the Additional Rent Controller on 19th August, 1992 be set-aside.

(3.) Briefly stated the facts of the case are that the respondents/landlords had filed a petition under Section 14(l)(e) of the Act and the notice of this petition was ordered to be issued on 8th October, 1990 to the petitioner/ tenant for 7th January, 1991. It is stated in the impugned order that the petitioner/tenant was served through his wife on 12th October, 1990 and through his brother on 4th November, 1990 by ordinary process. It has also been stated in the impugned order that the registered cover addressed to the tenant was received back with the remarks that the postman had visited the petitioner/tenant many times, but he had refused to take delivery. It has also been stated that since no application seeking permission for grant of leave to defend was filed by the tenant inspite of service, the eviction order was passed on 7th January, 1991. Thereafter the petitioner moved an application for setting aside the ex-parte judgement which has been rejected by the impugned order.