NEELAM BHALLA Vs. JAGDISH KUMAR

JUDGEMENT

(1.) Exemption allowed, subject to all just exceptions.

(2.) The petitioner filed the present eviction petition under Section 14(1)(e) read with Section 25 B of the DRC Act regarding municipal premises No. 16-A/1, New Krishna Nagar, New Delhi-110051. It is urged that the property was purchased vide a sale deed dated 24.01.2006 which is duly registered. There are four shops on the ground floor. It is also urged that the petitioner has been paying property tax in respect of the said property from time to time. The respondent/tenant was in possession of one shop out of the four shops and is said to be running a business of property dealing in the name and style of J.K. Properties. The shop, it is stated, is required bona fide by the petitioner for his requirements and hence, the eviction petition was filed.

(3.) The eviction petition came up for hearing on 09.02.2015 when notice was issued to the respondent returnable for 15.07.2015. Prior to the next date, the petitioner is said to have inspected the file and came to know that the summons sent through registered post and Process Server remained unserved and were returned to the court. The Process Server had visited the tenanted premises and found the shop shut. He has also mentioned that whenever he visited the said shop for service of summons, he found the door of the shop closed. He has also noted that when he reached the other address of the respondent where he resides, the daughter of the respondent said that the father was at home. Hence, on 14.08.2015 the petitioner moved an application for substituted service under Order 5, Rule 20 CPC praying for service of summons by way of affixation. The said simple application for substituted service was kept pending for a long period. On 10.11.2016 after a lapse of considerable time, the petitioner moved a transfer petition for transfer of the petition. On 14.12.2016, the District Judge directed the ARC to dispose of the said application for substituted service within one month. Thereafter, the present impugned order has been passed.