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2024 Supreme(Del) 275

IN THE HIGH COURT OF DELHI AT NEW DELHI
Girish Kathpalia, J.
Smt. Nirmal - Appellant
Versus
Smt. Gunwant Kaur Sethi - Respondent
RC.REV. No. 91 of 2022
Decided On : 07-02-2024

Advocates appeared:
Mr. Sahil Chopra, Ms. Aadrisha Malhotra, Ms. Sakshi Nand and Ms. Anjali Sisodia, Advocates, for the Petitioner; Mr P.K. Rawal with Mr Tarun Agarwal, Advocates, for the Respondent.

IMPORTANT POINT
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.

Headnote:

Delhi Rent Control Act - Eviction - Section 14(1)(e), Section 14(7) - Section 25B(8)

Fact of the Case:

The landlord filed an eviction petition under Section 14(1)(e) of the Act against the tenant for failure to file an application for leave to contest. The tenant failed to file the application within the prescribed time and sought an extension due to incomplete and illegible paper book supplied with the summons.

Finding of the Court:

The court upheld the eviction order, stating that the tenant failed to file an application for leave to contest within the prescribed time and did not provide a clear ground for consideration. The court also rejected the plea for extension, citing the clear service of summons and lack of valid reasons for delay.

Issues: Failure to file application for leave to contest, plea for extension of time, reliance on judicial precedent, and grounds for consideration of application for leave to contest.

Ratio Decidendi: The court emphasized the restricted scope of jurisdiction under proviso to Section 25B(8) of the Act, the need for valid reasons for extension, and the requirement for a substantial case for consideration of application for leave to contest.

Final Decision: The court dismissed the revision petition and upheld the eviction order.

JUDGMENT

Girish Kathpalia, J. - By way of this revision petition, brought under proviso to Section 25B(8) of the Delhi Rent Control Act, the petitioner/tenant has assailed order dated 06.04.2022 of the learned Rent Controller whereby, on account of failure of the petitioner/tenant to file an application for leave to contest, eviction petition under Section 14(1)(e) of the Act in respect of one shop (hereinafter referred to as "the subject premises") in front portion of the larger premises No. F-103A, Bali Nagar, New Delhi was allowed and the petitioner/tenant was granted six months under Section 14(7) of the Act to vacate. On service of notice, the respondent/landlord entered appearance through counsel. I heard learned counsel for both sides.

2. Briefly stated, circumstances relevant for present purposes are as follows.

2.1 The present respondent, claiming herself to be owner of the said larger premises filed an eviction petition under Section 14(1)(e) of the Act against the petitioner/tenant with respect to the subject premises, pleading that her now deceased husband Sardar Ajit Singh Sethi had acquired ownership of the said larger premises by way of registered sale deed dated 06.11.1982, followed by a conveyance deed registered on 05.10.1995 and after death of Sardar Ajit Singh, the said larger premises were inherited by his legal heirs, who executed registered relinquishment deed dated 22.08.2016 in favour of the respondent/landlord, thereby making her a sole and absolute owner of the said larger premises; that she purchased the premises No. F103B, adjoining the said larger premises by way of a sale deed; that when the said larger premises was purchased by her husband, Shri Chote Lal, the now deceased husband of the present petitioner was already occupying the subject premises as a tenant and was running from there a shop under the name and style M/s Evergreen Auto Store; that after death of Shri Chote Lal, his wife - the present petitioner is occupying the subject premises as a tenant; that ground floor of the said larger premises consists of two shops facing the main road and out of those, one is the subject premises while the other is in occupation of another tenant Shri Harjinder Kumar Handa, who is running his business under the name and style Handa Refrigeration; that during his lifetime Sardar Ajit Singh inducted Smt. Kulbir Kaur as tenant in another portion on the ground floor and the first floor of the said larger premises by way of agreement dated 25.06.1984; that subsequent to death of Sardar Ajit Singh, all the said three tenants of the larger premises attorned the present respondent as landlord and started paying her rent; that the tenant Smt. Kulbir Kaur, having not been entitled to protection under the Delhi Rent Control Act, the present respondent filed a civil suit for recovery of possession, which was decreed in her favour and ultimately the portion in her tenancy was vacated by Smt. Kulbir Kaur and her family; that against the other tenant Harjinder Singh Handa she was instituting separate eviction proceedings; that currently the present respondent and her family are in occupation of the portion of the said larger premises vacated by Smt. Kulbir Kaur and they want to start their own business, but cannot do so because there is no entry to that portion from main road; that under these circumstances, the respondent and her family, especially her son dependent upon her are in bona fide need of the subject premises and they have no reasonably suitable alternate accommodation available; that from the adjoining premises No. F103B, consisting of ground floor, first floor and second floor, during his lifetime Sardar Ajit Singh started his business under the name and style M/s Singh Automobiles at ground floor and started using the upper floors for storage of stock; that family of the present respondent consists of her two married sons and one married daughter, the younger son having a daughter aged 15 years and son a

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