GURDITTA MAL Vs. BAL SARUP

JUDGEMENT

(1.) The question of law that has been referred to the larger bench is whether any time limit is laid down for a tenant to apply for leave to contest the application for eviction filed against him under Chapter III A of the Delhi Rent Control Act (hereinafter to be called the Act).

(2.) The case of the petitioner/tenant is that there is no time limit laid down by the Act within which the tenant is compelled to file an application for leave to contest. The case of the landlord/respondent on the other side is that the time within which an application for leave to contest has to be filed by the tenant is 15 days from the service of the summons on the tenant of an application for eviction filed against him under Section 25B of the Act.

(3.) Clause (e) of the proviso to sub-section (1) of Section 14 of the Act provides for a landlord to obtain an order for the recovery of possession from a tenant on the ground of bonafide need. By Parliament Act 18 of 1976 Section 14A was added by which right to recover immediate possession of premises belonging to him was given to a person in occupation of residential premises allotted to him .by the Central Government. Chapter III A was also added by the said Act and it provided for summary trial of applications by the landlords for recovery of possession filed on the ground specified in clause (e) of proviso to sub-section (1) of section 14 or under section 14A of the Act. Sub-section (2) of section 25 B provides that the Controller shall issue summons in the form specified in the Third Schedule. Sub-section (4) lays down that the tenant on whom the summon is duly served in the form specified in Third Schedule Shall not contest .the prayer for eviction from the premises unless he files an affidavit staling the grounds on which he seeks to contest the application for eviction, and obtains leave from the Controller as hereinafter provided; and in default of his appearance in pursuance of the summons or his obtaining such leave, the statement made by the landlord in the application for eviction shall be deemed to be admitted by the tenant and the applicant shall be entitled to an order for eviction on the ground aforesaid. Sub-section (5) provides for leave to be granted to the tenant and sub-section (6) provides that where leave is granted the Controller shall commence the hearing of application as early as practicable. The procedure to be followed under Chapter ill A is to be that of a Court of Small Cause. No appeal or second appeal is provided against an order for the recovery of possession of any premises and only the High Court is empowered to call for the records of the case to satisfy itself that the order made by the Controller under the Section is according to law. A rerence to Section 25B shows that no period is provided for in the said section within which an application has to be filed by the tenant to seek leave to contest the application for eviction. The Limitation Act provides for no time for an application under Section 25B. As it is, even Limitation Act is not applicable to proceedings under the Rent Control Act as held in Subhash Chander v. Rehmat Ullah (I.L.R. 1973 (1) Delhi 181)(l). If the position stood there the answer would be simple that no time limit is provided within which the tenant can enter appearance or to file an application for leave to contest. The position, however, takes a different hue when we make a reference to the form of summons provided in the Third Schedule in terms of Section 25B (2) of the Act. The language of the Summons after giving reference to the application for eviction having been filed against the tenant goes on to say that: 'You are hereby summoned to appear before the Controller within fifteen days of the service hereof and to obtain the leave of the Controller to contest the application for eviction on the ground aforesaid ; in default whereof, the applicant will be entitled at any time after the expiry of the said period of fifteen days to obtain an order for your eviction from the said premises. Leave to appear and contest the application may be obtained on an application to the Controller supported by an affidavit as is referred to in sub-section (5) of Section 25B.'