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2014 Supreme(Del) 2072

VALMIKI J.MEHTA
Shyam Sunder Wadhawan – Appellant
Versus
Vivek Arya – Respondent


Advocates Appeared:
For the Petitioner:Inderjeet Saroop, Advocate.
For the Respondent: None.

Judgment

Valmiki J. Mehta, J.

1. This petition is filed under Section 25-B(8) of the Delhi Rent Control Act, 1958 (in short the Act) against the impugned order of the Additional Rent Controller dated 3.4.2014 whereby the Additional Rent Controller has decreed the bona-fide necessity petition filed under Section 14(1)(e) of the Act on account of leave to defend application not being filed within the prescribed statutory period of 15 days and because the prescribed statutory period of 15 days cannot be extended by condoning the delay of even one day in view of the judgment of the Supreme Court in the case of Prithipal Singh vs. Satpal Singh (dead) through LRs. (2010)2 SCC 15. The main case of the petitioner tenant is that in the present case the registered post article went back unclaimed and which is not a proper service in view of the judgment of a learned Single Judge of this Court in the case of Dharampal vs. Meena Sharma, RCR 61 of 2010 decided on 28.2.2012 and that the service done by affixation is also not a mode of service as held in the same judgment of Dharampal (supra). Reliance is also placed upon the judgment of another learned Single Judge of this Court in the case of Jo




















































































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