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KARAMJIT SINGH
Sandeep Singh Sekhon – Appellant
Versus
Harbans Singh Sandhu – Respondent
JUDGMENT :
KARAMJIT SINGH, J.
1. Petitioners/tenants being aggrieved by order dated 4.8.2022 passed by the Court of Rent Controller-cum-Civil Judge (Junior Division), Ludhiana, whereby the petitioners were proceeded against ex-parte and order dated 6.3.2023, whereby an application filed by the petitioners for setting aside aforesaid ex-parte order dated 4.8.2022 has been dismissed in rent petition having CIS No.RP/350/2022 titled Harbans Singh Sandhu vs. Sandeep Singh Sekhon and Others, have filed the present petition.
2. The brief facts of the case are that respondent/landlord filed eviction petition against the petitioners with regard to property bearing UID No.PT-1206-115531 popularly known as Hotel Mini Holland, Mullanpur Dakha (Ludhiana) under Section 24 (1)(c) of the Punjab Rent Act, 1995 as amended by Act of 2014 (in short Rent Act), on the grounds that:-
(ii) the petitioners are in arrears of rent.
3. The notice of the eviction petition was issued to the petitioners/tenants for 04.08.2022 as per the provisions of Ren
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.
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 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 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 main legal point established in the judgment is that the delay in filing an application for leave to contest under the Delhi Rent Control Act must be beyond the tenant's control and a substantial....
The main legal point established in the judgment is the importance of ensuring the tenant's right to be heard before eviction by carefully examining the service of summons and scrutinizing each case ....
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.
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