The provisions of Section 25-B of the Delhi Rent Control Act regarding service of summons, filing of application seeking leave to defend, and grant of leave to defend must be strictly followed to ensure a fair and just eviction proceeding.

( 1 ) THE facts giving rise to this petition are that Smt. Durga Devi, petitioner herein filed an eviction petition under Section 14 (1) (e) read with Section 25-B of the Delhi Rent Control Act with respect to the suit premises in property No. D-8, NDSE Part II against S. Kumar, respondent herein. Summons specified in Third Schedule in accordance with the provisions of the Delhi Rent Control Act were issued. Personal service on the respondent tenant was not effected. However, service on respondent was shown at D-8, NDSE Part I by refusal by the process server on 18. 7. 84 and 20. 7. 84 and by the postman on 18. 7. 84 and 3. 9. 84. Finding that no application seeking leave to defend has been filed within 15 days from the date of service by refusal, the Addl. Rent Controller passed an ex-pane eviction decree against the tenant respondent herein.

( 2 ) AGGRIEVED, the judgment debtor S. Kumar respondent herein filed an application under Order 9 Rule 13 Civil Procedure Code. for setting aside the ex-parte eviction order passed on 11,9. 84 praying that the ex-parte order be set aside and the possession of the premises be restored to him. Shri Dinesh Dayal,addl. Rent Controller, vide order dated 16. 3. 1991 set aside the eviction order dated 11. 9. 84 and ordered that the possession of the suit premises should be restored to the tenant immediately.

( 3 ) AGGRIEVED the landlady Durga Devi has filed this revision petition.

( 4 ) SECTION 25-B provides that procedure incorporated in the Section shall be followed. The outlines of that procedure are that the Controller shall issue summons in the prescribed form to the tenant. Sub-Section 3 (a) lays down that the tenant can be served by registered post and by publication in a newspaper if the circumstances so warrant and in addition to and simultaneously with the ordinary mode of service. Section 3 (b) provides that the acknowledgement purporting to be signed by the tenant or his agent or an endorsement purporting to have been made by a postal employee to the effect that the tenant or his agent had refused to take delivery of the registered article, that will be valid service of summons. Sub-Section (4) provides that the tenant on whom the summons is duly served (whether in the ordinary way or by registered post) in the form specified in the Third Schedule shall not contest the prayer for eviction from the premises unless he files an affidavit stating the grounds on which he seeks to contest the application for eviction and obtains leave from the controller 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 fur eviction.

( 5 ) IN this case, a perusal of the record shows that this petition was put up before the Addl. Rent Controller for the first time on 25. 5. 84, when summons in the form specified in Third Schedule were ordered to be issued in the ordinary way as well us by registered post for 26-7-1984. On 26-7-1984, there was a report that the summons were refused and were pasted Initially the AD receipt was not placed on record but later on, it was shown to bear the endorsement of refusal. The Addl. Rent Controller ordered on 26. 7. 1984 that the respondent has not been served and ordered fresh summons for 11. 9. 1984 by registered post. On 11. 9. 84, the Court found that the respondent refused to accept the service by registered post and on that ground the Court found it a sufficient service and passed an eviction order.

( 6 ) AS per the record, the error which is apparent is that though the service by refusal has been effected on 3. 9. 84, the eviction order was passed on 11. 9. 84, i. e. betore the expiry of fifteen days. As per the provision of Section 25-B (4) of the Act, an application seeking leave to defend can be filed within 15 days of the date of service. Upto 18. 9. 198