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MANMEET PRITAM SINGH ARORA
Sh Nabbo Singh @ Naboya Nath – Appellant
Versus
Sh Jitender Singh – Respondent
JUDGMENT
Manmeet Pritam Singh Arora, J. (Oral)--The present petition has been filed by the tenant assailing the eviction order dated 21.10.2021, passed by Additional Rent Controller (West), Tis Hazari Court, Delhi (`Trial Court') in ARC No. 64/2020, whereby the tenant's application seeking leave to defend was not considered for being time barred.
2. The impugned eviction order has been passed in favour of the Respondent, landlord, qua tenanted premises being one room, ad-measuring 9'6" X 8'3", situated at ground floor, forming part of Property No. 2131, Gali No. 1, Prem Nagar, Near Delhi Milk Scheme, West Patel Nagar, New Delhi-110018 (`tenanted premises'), shown in red colour in the site plan.
3. The Petitioner, tenant, is aggrieved by the non-consideration of his application seeking leave to defend, which admittedly was filed on 10.03.2021 i.e., after 26 days from the service of the eviction petition.
4. Learned counsel for the Petitioner states that the summons in the eviction petition were served on the Petitioner's son, on 12.02.2021. He states that since the wife of the Petitioner was then unwell, it took him some time to engage a lawyer for drawing up an application seekin
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.
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.
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 failure to file an Application for Leave to Defend within the statutory period allowed the court to consider the Petitioner/landlord's averments in the Eviction Petition as true and correct, lead....
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 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....
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....
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