RAMESH TULI Vs. SHARDA KAPOOR

JUDGEMENT

(1.) THE only question raised in this petition is whether the additional Rent Controller has power to condone the delay in filing application under Section 25-B of the Delhi Rent Control Act. The petitioner in this case was served with a notice of the petition filed under Section 14 (1) (e) of the delhi Rent Control Act read with Section 25-B. The petitioner was supposed to file an application for leave to defend within 15 days however, the petitioner filed this application beyond the period of 15 days and was filed after about 22 days. The learned Additional Rent Controller dismissed the application and allowed the eviction petition.

(2.) THE issue raised by the petitioner is no more res integra. This court in Prithi Pal Singh v. Satpal Singh 133 (2006) DLT 686 had held that the court of Additional Rent Controller had no jurisdiction to entertain an application under Section 25b which is filed beyond the period of 15 days and the provisions of the Limitation Act are not applicable. The Court had also referred to the decision of Hon?ble Supreme Court in Prakash jain v. Marie fernandes, 2004 RLR 83 (SC) in support of this view.

(3.) IN view of the settled position of law, I find no merits in this petition. The petition is hereby dismissed.