( 1 ) THE reference to a Division Bench has been made by a learned Single Judge of this court noticing conflict in the decisions of the Supreme Court in D. N. Sood Vs. Shanti Devi, 1997 (10) SCC 428 and Vinod Kumar Chaudhary Vs. Smt. Narain Devi, AIR 1980 SC 2012.

( 2 ) THE petition under Article 226 of the Constitution of India was filed by the petitioners herein questioning the order dated 17. 3. 2001 passed by the second respondent whereby and whereunder an application of the first respondent herein seeking leave to defend was allowed.

( 3 ) BEFORE the learned Single Judge a question arose as to whether an application under article 226 would be maintainable.

( 4 ) LEARNED Single Judge noticed that a Division Bench comprising of two Hon ble Judges of the Supreme Court in D. N. Sood s case (supra) considered the question as to whether a revision petition would lie against an order granting leave under Section 25b of the Delhi rent Control Act.

( 5 ) A learned Single Judge of this Court in a similar situation entertained the revision petition where against the Supreme Court was moved. The Apex Court held :

"this appeal arises out of a petition filed by the respondent (lan