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1981 Supreme(Del) 271

SULTAN SINGH
KAMAL BHANDARI – Appellant
Versus
BRIG. SHAMSHER SINGH MALHOTRA – Respondent


Advocates Appeared:
ALOK KUMAR, M.S.Sahni, R.K.MAKHIJA

Sultan Singh,j.

( 1 ) THE respondent-landlord on 15th March, 1979 filed an application seeking eviction of the petitioner-tenant under Section 14 (l) (e) read with Section 25b of the Delhi Rent Control Act, 1958. Summons were ordered to be issued in the ordinary manner as well as by Registered A. D. post. Accordingly the same were issued in the form prescribed i. e. Third Schedule to the Act. Ordinary summons was served on 25th March, 1979. The tenant endorsed on the back of the summons, "received with copy. Signed Mrs. Bhandari. 25-3-1979". The registered cover containing the summons was sent by the Additional Controller on 31st March. 1979 and was served upon the petitioner-tenant on 2nd April, 1979.

( 2 ) THE petitioner-tenant on 13th April, 1979 filed an application under Section 25b of the Act seeking leave to defend the eviction application together with an application under Section 5 of the Limitation Act for condonation of delay. He stated that he was served with the summons on 25th March, 1979 by ordinary process and by Registered A. D. on 2nd April, 1979. The Additional Rent Controller dismissed the application for leave to defend on the ground that it was barred by time







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