Valmiki J. Mehta, J (Oral):--

1. This petition under Section 25-B(8) of the Delhi Rent Control Act, 1958 (in short ‘the DRC Act’) impugns the order of the Additional Rent Controller dated 14.5.2013 by which the Additional Rent Controller decreed the bonafide necessity eviction petition filed under Section 14(1)(e) of the DRC Act on the ground that the leave to defend application having been filed beyond the statutory period of 15 days therefore such leave to defend application cannot be considered inasmuch as delay in filing of the leave to defend application cannot be condoned in view of the judgment of the Supreme Court in the case of Prithipal Singh v. Satpal Singh (dead) through LRs (2010) 2 SCC 15.

2. Learned counsel for the petitioner argued before the Additional Rent Controller below, and which argument is also urged before this Court that even if leave to defend application is not filed, yet, if the eviction petition filed is without jurisdiction ie Section 14(1)(e) of the DRC Act could not at all have been invoked by the respondent-company, then in such a case an eviction petition cannot be decreed because the eviction petition itself was not maintainable.

3. It is true that

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