GIAN CHAND Vs. ROOP NARAIN

JUDGEMENT

(1.) This is a revision petition gainst the order of the Additional Rent Controller dated 19th January, 1978.

(2.) The respondent Roop Naraiin made an application for the eviction of his tenant, Gian Chand, petitioner in, this case, on the ground specified in clause (c) of the proviso to sub-section (1) of S. 14 of the Delhi Rent Control Act, 1958 (the Act). This application was to be tried in accordance with the provisions of S. 25B of the newly introduced' Chapter III-A of the Act. Following that procedure the Additional Controller issued summons to the tenant in the form set out in the Third Schedule to the Act. In the summons it was stated that the tenant could obtain leave to appear and contest the application "on an application to the court supported by an affidavit as is referred to sub-section (5) of sect.on 25B."

(3.) Within 15 days from the receipt of the summons the tenant made an application for Lave. The application stated the grounds on which he sought leave to contest the ejectment application. The application was supported by a short affidavit. In the affidavit the tenant slated that the accompanying application for leave to contest had been read over and explained to him and the facts stated therein were according to the best of his knowledge and information received and believed to be true. He further said "that the facts stated in the said application dated 2nd January, 1978 have not been reproduced parawise in this affidavit for the sake of brevity." It is not disputed that the application and the supporting affidavit were filed within the prescribed period of 15 days.