Back
TARA VITASTA GANJU
Raghubir Prasad Aggarwal – Appellant
Versus
Om Prakash – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Tara Vitasta Ganju, J. (Oral)
1. None appears on behalf of the Respondent/tenant despite service being effected on the Respondent/tenant.
2. A perusal of the record shows that the order dated 13.10.2022 had directed that the matter would be taken up for final disposal on the next date of hearing even if there is no appearance on behalf of the Respondent/tenant.
3. The present Petition has been filed by the Petitioner/landlord impugning the order dated 23.10.2018 passed by the learned ARC-I, Central District, Tis Hazari Courts, Delhi wherein the Application seeking Leave to Defend filed by the Respondent/tenant was allowed [hereinafter referred to as "Impugned Order"] qua shop no. 7, in property bearing no. 1961, Katra Lachhu Singh, Fountain, Bhagirath Place, Chandni Chowk, Delhi-110006 [hereinafter referred to as "demised premises"].
4. The grievance of the Petitioner/landlord is that the Application for Leave to Defend was taken on record and considered by the learned ARC despite the same being filed beyond the statutory period of 15 days as is prescribed under Section 25B of the Delhi Rent Control Act, 1958 [hereinafte
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....
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.
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.
Courts must expedite hearings and prevent unnecessary adjournments in eviction matters based on bona fide necessity, adhering to prior judicial directives.
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 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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
