JIJAR SINGH Vs. MAHENDER KAUR

JUDGEMENT

(1.) This question referred to the larger Bench is bsiefly whether the affidavit required to be filed under Section 25 B read with the Third Schedule of the Delhi Rent Control Act, 1958 (the Act), as amended, shall itself contain the grounds and the facts on the basis of which leave to contest the appliction for civiction is sought or whether the said grounds and facts having been recited in the accompanying application the affidavit may only refer to the statements made in the application and say that these statements are true to the knowledge of the deponent. The question arises in this way.

(2.) The respondent landlady filed an application for the eviction of the appellant tenant under the summary procedure laid down in Chapter IIIA of the Act which includes Section 25 B. The tenant was served with the summons in the form prescribed by the Third Schedule. He made an application for leave to contest the application for eviction and swore an affidavit in which the statements made in the accompanying application were affirmed to be true. The Addl. Controller referred to the following words in the affidavit :

(3.) In considering this revision petition against the above order, the material considerations are that the tenant is served with the summons in the form of Third Schedule which informs him what he has to do and if he complies with the direction given to him in the said summons, then he would be entitled to seek the benefit of the leave to contest the application for eviction on compliance of Section 25 B, sub-see. (4) and (5).