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* IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: November 21, 2025

% Pronounced on: December 22, 2025

+ RC.REV. 274/2025, CM APPL. 56027/2025, CM APPL.

56028/2025

HANS RAJ .....Petitioner

Through: Mr. Vaibhav Dabas, Adv.

Versus

KISHORI LAL .....Respondent

Through: Mr. Manish Phore, Adv.

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

J U D G M E N T

1. In an Eviction Petition under Section 14(1)(e) of the Delhi Rent

Control Act, 1958, Hereinafter referred to as ‘DRC Act before the learned Additional Rent Controller (West),

Tis Hazari Courts, Delhi, Hereinafter referred to as ‘learned ARC, the respondent/ landlord, Hereinafter referred to as ‘landlord’ sought eviction of the

petitioner/ tenant, Hereinafter referred to as ‘tenant from the premises consisting of a room each on the

ground floor as also on the first floor forming part of property bearing

no.3026/7B, Ranjit Nagar, New Delhi-110 008, Hereinafter referred to as ‘subject premises

2. Succinctly put, for establishing landlord tenant relationship before

the learned ARC, it was the case of the landlord therein that since his father

was the owner of the property wherein the subject premises was situated,

he along with his brothers, became the joint owners thereof after his

RC.REV. 274/2025 Page 1 of 8

Signature Not Verifie d

Digitally Signed

By:BABLOO SHAH

Signing Date:22.12.2025

03:19:06

demise. Thereafter, his brothers relinquished their respective shares in his

favour. Resultantly, the landlord became the sole owner of the subject

premises. The tenant was inducted by the landlord in the subject premises

at a monthly rent of Rs.450/- excluding other charges. The landlord issued

rent receipts as and when he received rent from the tenant.

3. As the landlord had retired as a Bailiff in the Revenue Department,

Delhi Administration, GNCTD and was getting a meagre pension of

Rs.22,938/- per month, for sustaining his family and family of his son, he

had a bona fide requirement of the subject premises for starting a business

of sale of books, stationery and gift items. As the said subject premises is

located near a school, it is best suited for the landlord.

4. The learned ARC issued summons in the prescribed form to the

tenant on 03.09.2024, however, the same was returned ‘unserved’ since the

premises was found locked. Resultantly, fresh summons were issued on

04.11.2024 for 09.01.2025. In the meanwhile, the landlord filed an

application under Order V Rule 20 of the Code of Civil Procedure, 19086

therein for substituted service. After it being allowed vide order dated

17.12.2024, the tenant was served through publication in the newspaper

“Veer Arjun” on 25.12.2024.

5. Resultantly, the tenant appeared before the learned ARC on

09.01.2025, and though he was granted extended time to file his application

seeking leave to defend, it was filed by him only on 12.02.2025.

6. Based on the available records, the learned ARC dismissed the said

application of the tenant seeking leave to defend vide order dated

6 Hereinafter referred to as ‘CPC

RC.REV. 274/2025 Page 2 of 8

Signature Not Verifie d

Digitally Signed

By:BABLOO SHAH

Signing Date:22.12.2025

03:19:06

10.07.2025, Hereinafter referred to as ‘impugned order as it was filed beyond the statutory period of fifteen days

Resultantly, the Eviction Petition filed by the landlord came to be allowed.

7. Hence, the present revision petition filed by the tenant seeking

setting aside of the said impugned order dated 10.07.2025 passed by the

learned ARC.

8. In furtherance of the case of the tenant, learned counsel for the tenant

submitted that though the tenant was served through publication on

25.12.2024, however, since the publication was not accompanied with a

copy of the Eviction Petition, the service of summons was not in

compliance as per Third Schedule of the DRC Act. The learned counsel

also submitted that despite repeated requests of the tenant to the landlord

for a copy thereof, he received nothing. This prompted the tenant to file an

application under Section 151 of the CP