ROOP KISHORE SHARMA Vs. BACHNI DEVI

JUDGEMENT

(1.) Present is a revision and has been directed against the order dated 29.4.97 passed by the learned Rent Controller, Chandigarh who dismissed the application of the petitioner praying that she may be permitted to defend the proceedings Under Section 13-A of the East Punjab Urban Rent Restriction Act, 1949, filed by the respondent.

(2.) Smt. Bachani Devi filed a petition Under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 against her tenant Roop Kishore Sharma for the eviction of the latter from the premises i.e. House No. 2236, Sector 45-C, Chandigarh. Notice was given to the tenant for 27.3.97 on 25.2.97 and tenant was duly served on 1.3.97. According to the latter he was to make an application for leave to defend within 15 days from the date of his service i.e. from 1.3.97, but he failed to do so and he made such application on 21.3.97 after expiry of 15 days. The said application was rejected vide orders dated 29.4.97 by the learned Rent Controller who gave the following reasons while rejecting the application as follows :-

(3.) The learned counsel for the petitioner submits that the impugned order dated 29.4.97 is liable to be set aside as the petitioner stated reasons in his application for the delay. The learned counsel appearing on behalf of the landlady has refuted the contention raised by the learned counsel by stating that the petitioner has not been able to explain each day of delay in filing the necessary application.