ASHOK KUMAR Vs. PURSHOTAM LAL VERMA

JUDGEMENT

(1.) This judgment is upon a reference of two questions by a learned single judge of this court, in her order dated 12.05.2015, in the course of a rent control Revision petition. The reference was necessitated in view of conflict of opinions discerned in judgments of this court (all delivered by learned single judges). The questions referred are :

(2.) The facts necessary to answer the reference made to this Division bench are that the petitioner applied for leave to defend to the Additional Rent Controller (hereafter ARC ), which was dismissed as barred by limitation on 14.01.2013. His review petition was dismissed by an order dated 20.05.2013. The ARC found that the notice of the eviction petition was served by ordinary process on 28.11.2012 and by registered post on 8.12.2012 on the petitioner. He applied for leave to defend on 17.12.2012.

(3.) For a better appreciation of the controversy, it would be necessary to - at this stage-notice the relevant provision of the Act. Sec. 25B, in this regard, reads as follows :