Dwarka Nath vs Rukmani Devi
2014 Latest Caselaw 4750 Del

*              IN THE HIGH COURT OF DELHI AT NEW DELHI

+                          RCR 244/2013 & CM No.10606/13(stay)

%                                                   23rd September , 2014

DWARKA NATH                                         ..... Petitioner

                           Through:      Mr. Sunil Aggarwal, Adv.

                           versus

RUKMANI DEVI                                        ..... Respondent

                           Through


CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?


VALMIKI J. MEHTA, J (ORAL)

1.             The impugned order which is challenged in this petition under

Section 25-B(8) of the Delhi Rent Control Act, 1958 (in short 'DRC Act') is

the order dated 28.2.2013 which has refused to condone the delay in filing

the leave to defend application and has consequently decreed the bonafide

necessity eviction petition filed under Section 14(1)(e) of the DRC Act.


2.             The law is now well settled in view of the judgment of the

Supreme Court in the case of Prithipal Singh Vs. Satpal Singh (dead)

through LRs (2010) 2 SCC 15 that courts do not have powers to condone
RCR 244/2013                                                                Page 1 of 2
 the delay of even one day and in the absence of leave to defend application

contents of the eviction petition are deemed to be admitted under Section 25-

B(4) of the DRC Act and therefore the eviction petition is to be decreed.

3.             In view of the admitted fact that leave to defend application is

not filed within the prescribed period, and this Court has no power to

condone the delay in view of the judgment of the Supreme Court in the case

of Prithipal Singh (supra), this petition is dismissed, leaving the parties to

bear their own costs.




SEPTEMBER 23, 2014                             VALMIKI J. MEHTA, J.

ib