SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2016 Supreme(Del) 3585

S.RAVINDRA BHAT, DEEPA SHARMA
ASHOK KUMAR – Appellant
Versus
PURSHOTAM LAL VERMA – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sanjay Rathi.
For the Respondents: Mr. Rajesh Sharma.

JUDGMENT :

S. RAVINDRA BHAT, J.

1. This judgment is upon a reference of two questions by a learned single judge of this court, in her order dated 12.05.2015, in the course of a rent control Revision petition. The reference was necessitated in view of conflict of opinions discerned in judgments of this court (all delivered by learned single judges). The questions referred are:

“1. Whether the tenant is required to be served by both the modes as prescribed under Section 25B DRC Act or even service by one mode is sufficient service as per the requirement of the provision?

2. In case the tenant is served by both the modes whether the period of15 days for filing the leave to defend has to be counted from the first service or the second service?”

2. The facts necessary to answer the reference made to this Division bench are that the petitioner applied for “leave to defend” to the Additional Rent Controller (hereafter “ARC”), which was dismissed as barred by limitation on 14.01.2013. His review petition was dismissed by an order dated 20.05.2013. The ARC found that the notice of the eviction petition was served by ordinary process on 28.11.2012 and by registered post on 8.12.2012 on the petiti









































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top