ZAHIDA BEGUM Vs. ABDUL GAFFAR

JUDGEMENT

(1.) The present petition is directed against the Order dated 6th May, 1997 passed by the Rent Control Tribunal, Delhi. The learned Judge allowed the appeal of the respondent/tenant and set aside the Order dated 28th January, 1995 passed by the Additional Rent Controller, Delhi by which the application of the respondent under the provisions of Order 9 Rule 13 of the Code of Civil Procedure was dismissed as well as the Order of eviction passed on 4th November, 1993. The Tribunal noted that the Additional Rent Controller has acted only on the alleged service of the tenant effected by publication in the National Herald on 25th September, 1993 but did not notice that the citation published in the newspaper did not mention that the landlord had filed an eviction case under clause (e) of the proviso to Section 14 (1) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the Act) nor there was any mention of the provisions of Section 25-B of the Act. The respondent tenant is a blind person and it was further held that the petitioner landlord did not obtain any Dasti summons for the service of summons on the tenanted premises. The Tribunal, therefore, set aside the Order as referred to above and directed the petitioner landlord to give copy of the eviction petition to the respondent and to appear before the Trial Court for filing appropriate leave application as required by Section 25-B of the Act.

(2.) The reading of the impugned Order will clearly justify the findings as recorded by the learned Judge and the learned counsel for the petitioner does not seriously contest the same, but prays that in view of the time which has elapsed, the Additional Rent Controller may decide the application of the respondent tenant expeditiously.

(3.) In view of the above, the present petition is dismissed. Taking into consideration the facts and circumstances of the present case, the Additional Rent Controller shall now proceed with the matter and dispose of the same as expeditiously as possible and within a period of eight months from today. The parties are directed to appear before the Additional Rent Controller on 5th August, 1998. The Office will transmit the record by a Special Messenger. There will be no order as to costs.