IFTIKHAR AHMAD Vs. MOHD ATIQ

JUDGEMENT

(1.) The present petition has been filed under Sec. 25B(8) of the Delhi Rent Control Act, 1958 ('DRC Act') seeking quashing and setting aside of order dtd. 28/9/2022 ('impugned order') passed by the learned ACR-01, Central District, Delhi ('Rent Controller') in RC ARC No. 463/2019 ('Eviction Petition') for eviction of premises at 1st Floor, consisting of one room with open courtyard in property bearing no. 4235, Gali Barna Wali, Ward XIV, Sadar Bazar, Delhi- 110006 ('tenanted premises').

(2.) Vide impugned order, the learned Rent Controller dismissed the application for leave to defend along with an application for condonation of delay for one single day in filing leave to defend to the Eviction Petition under Sec. 14(1)(e) of the DRC Act on the ground of bonafide requirement of the Respondents.

(3.) The Petitioners have sought setting aside of the impugned order on the ground that the learned Rent Controller erred in dismissing the application for leave to defend by not condoning the delay of one day in filing the same. The Eviction Petition was served on the Petitioners on 11/7/2019 and the leave to defend as per the provisions of Sec. 25B of the DRC Act had to be filed within fifteen (15) days of the service. Accordingly, the last date for filing leave to defend was 26/7/2019. It is the case of the Petitioners that immediately upon service of the notice of the Eviction Petition, the Petitioners approached the Central District Legal Service Authority ("DLSA'). The DLSA assigned a counsel and leave to defend was prepared and attested on 26/7/2019. However, the learned counsel for the Petitioners could reach the Rent Controller at about 04:30 PM on 26/7/2019, by which time the learned Rent Controller had left and the filing could not be done.