NAND LAL Vs. PADAM SHARMA

JUDGEMENT

(1.) Aggrieved by the order dated 27th January, 2014 dismissing the leave to defend application of the Petitioner and the order dated 15th April, 2015, dismissing the review petition filed by the Petitioner in an eviction petition filed by the Respondent under Order 14 (1) (e) of the Delhi Rent Control Act, 1958 (in short "the DRC Act"), the Petitioner prefers the present petitions.

(2.) The undisputed facts are that the Petitioner was served through publication in the daily newspaper was carried out on 6th September, 2013. It is the case of the Petitioner that on 7th October, 2013, after the godown was opened, the publication came into the knowledge of the Petitioner on 7th October, 2013 after his cousin Shri Ved Prakash, who has a shop in Chandni Chowk narrated the facts to the son of the Petitioner Amit Halwasiya. Amit opened the shop on 7th October, 2013 and gathered information from the locality and found that a case had been filed against him. The Petitioner immediately deposited the rent before the learned Trial Court and filed an application for leave to defend within 15 days from 7th October, 2013, that is, on 19th October, 2013.

(3.) The learned Trial Court dismissed the leave to defend application vide order dated 27th January, 2014 observing that the Petitioner had been served by two modes, that is, by affixation as well as publication in the newspaper on 6th September, 2013 and the leave to defend was filed much beyond the period of 15 days and hence the Respondent was straightway entitled to eviction in his favour in respect of the tenanted premises which was the godown on the ground floor of property bearing No.532-535, Kucha Pati Ram, Bazar Sita Ram, Delhi-110006.