RUBINA SULTAN Vs. MOHD SHAFI

JUDGEMENT

(1.) The petitioner (eviction petitioner before the learned Rent Controller) has approached this court in a revision petition under Sec. 25-B(8) of the Delhi Rent Control Act 1958 ('DRC Act'), challenging order dtd. 19/3/2018 passed by the learned Pilot Court, Central District, Tis Hazari Courts, Delhi in CIS bearing No.1085/17, by which the learned Rent Controller has allowed an application filed by the respondents ('tenants') under Order VII Rule 11 of the Code of Civil Procedure 1908 ('CPC'); and has "dismissed as rejected" the eviction petition filed on the ground of bona-fid ((THELAW)) requirement. At the same time the learned Rent Controller has also dismissed the respondents' leave-to-defend application, for having been filed beyond the statutory period of 15 days prescribed in the Third Schedule read with Sec. 25-B(4) of the DRC Act.

(2.) The petitioner is presently represented by her brother, Mr. Naved Yar Khan, who is purporting to act as her 'next friend'. However, as discussed in the present judgment, the eligibility and correctness of appointing Mr. Khan as the petitioner's next friend, is also a bone of contention between the parties.

(3.) It is the petitioner's submission that her circumstances are factually similar to those in Prithipal Singh vs. Satpal Singh, (2010) 2 SCC 15 in which case the Supreme Court held that when the leave-to-defend application is filed beyond the 15-day period after receipt of summons, an eviction order on the ground of bona-fid ((THELAW)) requirement, must follow.