Mahmood All Khan, J.

( 1 ) BY this petition the petitioner landlord has challenged an order of Additional rent Controller dated 17th March 2001 whereby an application for leave to defend filed under sub-section (4) of Section 25b of Delhi Rent Control Act (for short the Act) was allowed and the tenant (respondent No. 1) was permitted to contest the petition filed by the petitioner for his eviction under clause (e) of Section 14 (1) of the Act.

( 2 ) AT the outset, an objection was; raised by Shri R. K. Gupta, counsel for the respondent that this petition filed under Article 227 of the Constitution of India was not maintainable. He argued that an order allowing application for leave to defend filed by a tenant under sub-section (5) of Section 25b of the Act may be challenged only in a revision petition. Conversely, petitioner No. 1 in person who argued for himself and petitioner No. 2 controverted this argument and stated that the petition filed by him was maintainable. In the alternative, he requested that the instant petition may be converted into a civil revision petition. It is interesting to note that this controversy survived (though for no valid reasons) even after a referenc

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