Madan Lal vs Meena

Sanjeev Sachdeva, J

CM APPL. 7879/2020 (Exemption)

Allowed, subject to all just exceptions.

RC.REV. 118/2020

Petitioner impugns order dated 15.07.2019, whereby eviction petition filed by the respondent has been allowed and an eviction order passed.

Respondent had filed the subject eviction petition on the ground of bonafide necessity under Section 14(1)(e) of Delhi Rent Control Act, 1958 in

respect of two rooms with kitchen with facility of bath situated at ground floor of property No. 3305, Ranjit Nagar, New Delhi, more particularly

shown in red colour in the site plan annexed with the eviction petition.

Petitioner was served with the summons on 18.012019 and did not file any application seeking leave to defend. Eviction order was passed on

15.07.2019.

It is contended by the learned counsel for the petitioner that petitioner is suffering from Sepsis Shock and is bed ridden. He submits that the medical

record showing his ailment have been filed and in view thereof, the impugned order is liable to the set aside and an opportunity is liable to be granted to

the petitioner to file an application seeking leave to defend the eviction petition.

Medical records annexed with this petition show that the petitioner was admitted to hospital on 23.10.2018 and discharged on 30.10.2018. As per

the process server’s report, the process server met the petitioner and duly served the petitioner on 18.01.2019. There is no material on record to

even show that the petitioner was incapacitated in January, 2019 or thereafter. Impugned eviction order has been passed on 15.07.2019 i.e. nearly six

months after the service upon the petitioner. No attempt was made by the petitioner to even approach the Rent Controller for a period of six months.

In view of the judgment of the Hon’ble Supreme Court in Prithipal Singh vs. Satpal Singh (2010) 2 SCC 15, if the

tenant does not file the leave to defend application within the statutory period of fifteen days, the averments in the eviction petition are deemed to be

correct and the landlord is entitled to an order of eviction.

I find no infirmity in the impugned order passed by the Rent Controller allowing the eviction petition on the ground that leave to defend has not been

filed. There is no merit in the petition. The petition is accordingly dismissed.

For the purposes of record, it may also be noted that petitioner has already been evicted in execution proceedings.