PRATHIBA M. SINGH
Ilashree Nath Gupta – Appellant
Versus
Kamla Gupta – Respondent
JUDGMENT :
Prathiba M. Singh, J.
1. This hearing has been done through hybrid mode.
2. The present petition has been filed challenging the impugned order dated 3rd November, 2022 passed by the ld. ARC (Central), Tis Hazari Courts, Delhi in RC ARC No.584/2017 titled “Kamla Gupta v. Nirmala Nath@Gupta”, and seeks setting aside of the proceedings in the said eviction case, being RC ARC No.584/2017. By the impugned order, the ld. ARC has dismissed the Petitioner’s application seeking permission to file fresh leave to defend under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (hereinafter, “DRC Act”).
3. The prayer in the present petition reads as under:
(b) Pass such further order(s) / direction(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case in the interest of justice.”
4. The backg
Order 22 Ru1e 4 provides that any person so made a party may make any defence appropriate to his character as legal representative of deceased defendant.
Failure to file an application seeking leave to defend within the statutory period under the Delhi Rent Control Act, 1958, results in the deemed admission of the landlord's statement in the eviction ....
The Rent Controller cannot condone any delay in filing a leave to defend application, and a corporate entity can maintain an eviction petition for its bona fide need.
The need for expedited hearing and disposal of applications under the Delhi Rent Control Act, 1958, considering the petitioner's retired status and livelihood concerns.
The legal point established is that the landlord retains ownership rights until physical possession is taken over by the government, and the burden is on the tenant to show how they came into possess....
The court emphasized the need for the summons to be duly served with a legible copy of the paper book and applied the dual test of reasons beyond control for the delay and the substantial case for co....
Control Of Eviction of Tenants - Order sheets of trial court clearly show that on some ground or the other, adjournments are being granted in matter without any valid justification.
The mandatory nature of the statutory period for filing the leave to defend application under Section 14(1)(e) of the Delhi Rent Control Act, 1958, and the court's emphasis on the tenant's failure to....
The court highlighted the importance of timely filing of application for leave to contest, valid reasons for extension, and the need for a substantial case for consideration of the application.
The court emphasized the importance of timely filing of applications seeking leave to defend and the requirement for issues raised to give rise to a triable issue in eviction cases.
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