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MANMEET PRITAM SINGH ARORA
Pradeep Malik – Appellant
Versus
Chander Dhingra – Respondent
JUDGMENT :
(Manmeet Pritam Singh Arora, J.) :—
1. The present revision petition has been filed by the tenant challenging the order dated 01.09.2022 (‘the impugned eviction order’) passed by the Additional Rent Controller (Central), Tis Hazari Court, Delhi (Trial Court’) in CIS No. E-289/22, allowing the eviction petition filed by the landlord under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (‘DRC Act’) with respect to a portion of Shop no. 413, Azad Market, Delhi - 110006, admeasuring 4 ft. × 7.5 ft (‘the tenanted premises’).
2. The Respondent, landlord, filed the eviction petition on the ground of bonafide requirement of the tenanted premises for himself and his sons for carrying on business.
3. The summons of the said petition were admittedly received by the Petitioner on 10.06.2022. After accounting for the Trial Court's summer vacation, the Petitioner, tenant, was obliged to mandatorily file his leave to defend on or before 01.07.2022; however, the Petitioner failed to file his leave to defend application within the statutory period.
4. Instead, on 11.07.2022, the Petitioner filed an application under Section 151 Civil Procedure Code, 1908 (‘the CPC’) in the eviction pro
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 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.
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 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....
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 main legal point established in the judgment is that a tenant must file an affidavit stating the grounds on which he seeks to contest the application for eviction and obtain leave from the Contro....
Adherence to procedural requirements within the stipulated time period and the demonstration of reasons beyond the petitioner's control for any delay in fulfilling such requirements.
The tenant must apply for leave to contest within the statutory period, and the Rent Controller has no jurisdiction to condone the delay in filing such an application.
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