LAWS(DLH)-2017-2-247

DAL CHAND Vs. BHUPINDER SINGH

Decided On February 28, 2017
DAL CHAND Appellant
V/S
BHUPINDER SINGH Respondents

JUDGEMENT

(1.) By the present revision petition filed under Sec. 25 B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the DRC Act), the petitioner seeks to impugn the eviction order dated 01.07.2016 passed by the trial court.

(2.) The respondents filed an eviction petition under Sec. 14(1)(e) of the DRC Act regarding premises being a shop on Rohtak Road, Delhi.

(3.) The summons were served on the petitioner on 28.01.2016. The petitioner was obliged to file an application for leave to defend within 15 days of service of summons. However, leave to defend application was filed on 18.02.2016 beyond the period of 15 days. As the period for filing leave to defend had expired on 12.02.2016, the trial court relying upon the judgment of the Supreme Court in the case of Prithipal Singh Vs. Satpal Singh (dead) through LRs, (2010) 2 SCC 15 dismissed the application for leave to defend and passed an eviction order against the petitioner.