Om Prakash Sharma v. Dr Ashwani Kumar Seth

1. The respondent had filed the present eviction petition under section 14 (l)(e) read with section 25B of the Delhi Rent Control Act regarding first floor portion forming part of Shop No.172, Gaffar Market, Karol Bagh, New Delhi.

2. The petitioner had filed an application under Section 25-B (5) ofthe DRC Act alongwith an affidavit for grant of leave to defend and an application for condoning the delay in filing the application for leave to defend. Itwas urged in the application that the application could not be filed within the prescribed period as respondent's mother in law had fallen sick and was admitted at her native place at Hamirpur, Himachal Pradesh.

3. Keeping in view the provisions of section 25-B, and the fact that the application for leave to defend has not been filed within 15 days the trial RC REV.399/2016 2016:DHC:9342 u court dismissed theapplication.

4. Learned counsel appearing for the petitioner has again urged that there was an emergency in the family of the petitioner and he submits that on account of the same the petitioner could not enter appearance. It was pomted out to the counsel to show any judgment where delay has been condoned in special circumstances. He fairly concedes that he could not find any such judgment.

5. Keepmg in view the judgment of the Supreme Court in Prithipal Singh vsSatpal Singh, 2010 (2) SCC 15 and the legal position under section 25-B of the DRC Act there is no merit in the present Revision Petition. Same is dismissed. All pending applications also stand disposed of accordingly.

SEPTEMBER 14, 2016 n RC REV.399/2016 4^' JAYANT NATH, J Page 2