ASHOK KUMAR Vs. PURSHOTAM LAL VERMA

JUDGEMENT

(1.) AN eviction petition was filed by the respondent Purshotam Lal Verma under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (in short the DRC Act) seeking eviction of the tenanted premises i.e. Flat No. B -64A, Janta Flats, Raghubir Nagar, near Central School, New Delhi let out on a monthly rent of Rs. 12000/ - per month excluding electricity and water charges to Ashok Kumar.

(2.) ASHOK Kumar filed a leave to defend application before the learned ARC which was dismissed being barred by limitation vide order dated 14th January, 2013. Even the review petition filed by Ashok Kumar was dismissed vide order dated 20th May, 2013. It was held that the notice of the eviction petition was served by ordinary process on 28th November, 2012 and by registered post on 8th December, 2012 on Ashok Kumar. The leave to defend application was filed by Ashok Kumar on 17th December, 2012. Since the said leave to defend application was beyond period of 15 days from 28th November, 2012 i.e. the first date of service, the eviction petition was dismissed being beyond period of limitation and an eviction order passed. Ashok Kumar filed a review application before the learned ARC drawing the attention of the learned ARC to the decision of this Court in Chaman Lal Kewal & Ors. Vs. Kanta Devi : 2013 (133) DRJ 235 wherein it was held that the limitation of 15 days shall be computed from the date of receipt of second notice. The review petition was dismissed by the learned ARC on the ground that it had no power to review its order. Section 25B provides for a special provision for disposal of applications for eviction on the ground of bonafide requirement. The procedure for issuance of summons and the time for filing the leave to defend is provided in Sub -Sections 1 to 4 which are reproduced hereinafter:

(3.) ON the facts as noted above which are not disputed between the parties two issues arise for consideration whether service by both the modes is essential and if so from which date i.e. from the date of first service or the second service the period of limitation of 15 days for filing the leave to defend application has to be counted. There are divergent views of this Court in the various judgments which I will hereinafter refer. This Court in Kamal Bhandari Vs. Brig. Shamsher Singh Malhotra : 20 (1981) DLT 380 and Shyam Sunder Wadhawan Vs. Shri Vivek Arya : (2014) 214 DLT 616 took the view that service by either mode was sufficient.