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2023 Supreme(Del) 2903

MANMEET PRITAM SINGH ARORA
Sh Nabbo Singh @ Naboya Nath – Appellant
Versus
Sh Jitender Singh – Respondent


Advocates appeared:
Mr. S.P. Shukla, Advocate, for the Petitioner.
Mr. Rohit Goel, Advocate, for the 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

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