ASHWANI KUMAR GUPTA Vs. SIRI PAL JAIN

JUDGEMENT

(1.) THIS revision petition of the tenant has been placed before the Division Bench in view of the order dated 23. 1. 1995 passed by the learned Single Judge.

(2.) THE respondent-landlord, who now stands retired from service, filed an application under Section 13-A of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as 'the Act') on 7. 1. 992 for ejectment of the petitioner-tenant from the residential premises situated at Kali Bari Chowk, Sadar Bazar, Ambala Cantt. by stating that he was working as Senior Personal Assistant to the Chief General Manager, Telecommunication, Punjab Circle and is to retire on 31. 3. 1992. The landlord also averred that he was living as a tenant in H. No. 4152, Kotwali Mohalla, Ambala Cantt. and was paying monthly rent of Rs. 200.00 and that the demised premises were required for the use and occupation for himself and his family which consisted of himself, his wife, two sons and three daughters including the one who was married but was divorced.

(3.) THE respondent resisted the prayer made by the petitioner for grant of leave to contest the application on the ground that it was barred by time. It was urged on his behalf that the summons of the application filed under Section 13-A of the Act had been served upon the tenant on 14. 1. 1992 and, therefore, he could file an application or affidavit for leave to defend within 15 days from 14. 1. 1992 i. e. , upto 29. 1. 1992 and the application filed by him after that date was liable to be dismissed. On behalf of the petitioner, it was pleaded that the application for grant of leave had been filed within limitation because the summons were served upon him on 15. 1. 1992. The Rent Controller upheld the plea of the respondent-landlord that the application filed by the tenant was barred by time. He then examined the various grounds on which the landlord sought eviction of the tenant and passed the order dated 16. 2. 1993 for the latter's ejectment.