Rajender Mohan v. Shashi Jain

(8) of Delhi Rent Control Act against the judgment and order dated 30,11.2010 passed by learned ARC, Delhi, allowing the eviction petition filed by the respondent under Section L[4] (1) (e) read with Section 25-B of DRC Act against the petitioner' - Brief facts of the case are that respondent/ petitioner before learned trial court moved an application against the tenant Rajender Mohan on the ground mentioned in clause (e) of the proviso of subsection (1) of section 14 of DRC Act, 1958. Summons in the form 2011:DHC:18565..j- * lt\ specified in the Third Schedule were duly served on the petitioner.personally on 25.6.2070 but no application for grant of leave to defend has been made on behalf by the petitioner within -tldtifteen days as required under law. I have gone through the impugned order passed by learned trial Court, the relevant portion of which reads as under:- " In the present application, after service of summons in the form specified in Third Schedule, the respondent did not make any application for grant of leave to defend. ln view of Section 25-8(4) of DRC Act, the respondent shall not contest the prayer for eviction from the premises and the statement made by the landlord is deemed to be admitted by the respondent and the applicant is entitled to order for eviction on the ground of bonafide requirement. The written statement filed on behalf of the respondent cannot be considered and is hereby rejected. Vide my separate judgment of even date, application for eviction of tenant under Section 14 (1) ' (e) of Delhi Rent Control Act is allowed. An eviction order is passed against the respondent in respect of shop No. V/2601-B, Nai Sarak, Delhi- 110 006, Delhi as shown in colour red in the site plan attached. The eviction order shall not be operative for a period of six months. I do not find any infirmity in the order passed by learned trial Court. Dismissed. < S.L.BHAYANA,J JANUARY 25,?OLL kb