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MANMEET PRITAM SINGH ARORA
Sh. Hakumat Rai – Appellant
Versus
Sh. Madhur Krishan Dhingra – Respondent
JUDGMENT
Manmeet Pritam Singh Arora, J.
1. The present revision petition has been filed by the Petitioner, tenant assailing the eviction order dated 24.09.2022 ('impugned eviction order') passed by the Rent Controller, Central District, Tis Hazari Courts, Delhi ('the Trial Court') with respect to shop bearing private No. 1, Ground floor, for the building bearing Municipal No. 1049/50, Kucha Natwan, Chandni Chowk, Delhi- 110006 ('the tenanted premises'), passed in favour of the Respondent, landlord.
2. The Trial Court has recorded in the impugned eviction order that the tenant failed to file an application seeking leave to defend within the statutory period prescribed under the Delhi Rent Control Act, 1958 ('the DRC Act'), even after being duly served with the notice of the eviction petition and thereby directed the eviction of the tenant from the tenanted premises.
3. Learned counsel for the Petitioner, tenant states that the Trial Court failed to appreciate that the copy of the eviction petition served on the tenant on 10.05.2022, contained few illegible pages. He states that on account of the said illegible pages the tenant was unable to file his leave to defend within 15 days.
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 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 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 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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