The main legal point established in the judgment is the conflicting views on the requirement of service by both modes and the computation of the period of limitation for filing the leave to defend application.

Mukta Gupta, J.:--

1. An eviction petition was filed by the respondent Purshotam Lal Verma under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (in short the DRC Act) seeking eviction of the tenanted premises i.e. Flat No. B-64A, Janta Flats, Raghubir Nagar, near Central School, New Delhi let out on a monthly rent of Rs. 12000/- per month excluding electricity and water charges to Ashok Kumar.

2. Ashok Kumar filed a leave to defend application before the learned ARC which was dismissed being barred by limitation vide order dated 14th January, 2013. Even the review petition filed by Ashok Kumar was dismissed vide order dated 20th May, 2013. It was held that the notice of the eviction petition was served by ordinary process on 28th November, 2012 and by registered post on 8th December, 2012 on Ashok Kumar. The leave to defend application was filed by Ashok Kumar on 17th December, 2012. Since the said leave to defend application was beyond period of 15 days from 28th November, 2012 i.e. the first date of service, the eviction petition was dismissed being beyond period of limitation and an eviction order passed. Ashok Kumar filed a review application before the learned ARC drawing the attention of the learned ARC to the decision of this Court in Chaman Lal Kewal & Ors. v. Kanta Devi 2013 (133) DRJ 235 wherein it was held that the limitation of 15 days shall be computed from the date of receipt of second notice. The review petition was dismissed by the learned ARC on the ground that it had no power to review its order.

3. Section 25B provides for a special provision for disposal of applications for eviction on the ground of bonafide requirement. The procedure for issuance of summons and the time for filing the leave to defend is provided in Sub-Sections 1 to 4 which are reproduced hereinafter:

“25. B Special procedure for the disposal of applications for eviction on the ground of bona fide requirement. –

(1) Every application by a landlord for the recovery of possession of any premises on the ground specified in clause (e) of the proviso to sub-section (1) of section 14, or under section 14A [or under section 14B or under section 14C or under section 14D] shall be dealt with in accordance with the procedure specified in this section.

(2) The Controller shall issue summons, in relation to every application referred to in sub-section (1), in the form specified in the Third Schedule.

(3) (a) The Controller shall, in addition to, and simultaneously with, the issue of summons for service on the tenant, also direct the summons to be served by registered post, acknowledgement due, addressed to the tenant or his agent empowered to accept the service at the place where the tenant or his agent actually and voluntarily resides or carries on business or personally works for gain and may ,if the circumstances of the case so require, also direct the publication of the summons in a newspaper circulating in the locality in which the tenant is last known to have resided or carried on business or personally worked for gain.

(b) When an acknowledgement purporting to be signed by the tenant or his agent is received by the Controller or the registered article containing the summons is received back with 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, the Controller may declare that there has been a valid service of summons.

(4) 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 and affidavit stating the grounds on which he seeks to contest the application for eviction and obtains leave from the Controller as hereinafter provided; and in default of his appearance in pursuance of the summons or his obtaining such leave, the statement made by the landlord in the applicat