INDER PAL KHANNA Vs. COMMANDER BHUPIDNER SINGH REKHI

JUDGEMENT

(1.) BY this Revision Petition, the petitioner has challenged the order of Additional Rent Controller dated 7th January, 2008 whereby an application for leave to contest filed by petitioner was dismissed and a decree for possession of the tenanted premises was passed.

(2.) A petition under Section 14 (1) (e) read with Section 25 (B) of DRC act was filed by the respondent against the petitioner and his brother, Rajkumar khanna for eviction from property no. C-16, First Floor, Nizamuddin, East Delhi. The property was initially rented out to Mr. Dwarka Das Khanna, father of the petitioner for residential purpose and after his death, petitioner along with his brother, Rajkumar Khanna were living in the property. The landlord had in detail given his bonafide necessity. Notice of the eviction petition was sent to the petitioner who filed his application for leave to defend on 26th november, 2005.

(3.) THE Trial Court found from the record that petitioner was served on 23rd September, 2005 through his brother, Rajkumar Khanna, i. e. , respondent no. 2. The application for leave to defend was filed much beyond the period prescribed under the law. The present petitioner took the plea that he had gone to USA on 26. 7. 2005 and had returned to India on 11. 12. 2005. Immediately on his return to India, he had come to know about the demise of his close friend Mannu bhai Patel so he went to Gurgaon and resided there. He returned to Delhi on 17. 11. 2005 and was informed about this petition by his brother, Sh. Rajkumar khanna on 18. 11. 2005. He was not served with the summons personally. He, however, contacted his lawyer and filed an application for leave to contest within the limitation from the date of his knowledge.