Eviction Order Upheld due to Non-Filing of Leave to Contest Application: High Court”
In a recent judgement by the High Court of Delhi, the eviction order against petitioner Kulwant Singh was upheld due to his failure to file an application for leave to contest under Section 14(1)(e) of the Delhi Rent Control Act. Justice Girish Kathpalia, presiding over the matter, dismissed the petition challenging the eviction.
Legal Context and Dispute:
The petitioner, Kulwant Singh, was challenging an eviction order for not vacating the premises post the expiry of the tenancy agreement, leading to a dispute with the respondent, Vikas Ahuja. The crux of the case revolved around the service of summons and whether the petitioner’s written statement should be treated as an application for leave to contest.
Factual Matrix and Judicial Assessment:
Service of Summons: The court noted discrepancies in the service of summons, initially issued in an incorrect format. However, they were later correctly served through Anil Kumar, alleged to be the petitioner’s brother, a claim Singh denied.
Trial Court Proceedings: The trial court record highlighted the petitioner’s continuous absence and adjournments, eventually leading to the eviction order.
Admissibility of Written Statement: The petitioner’s counsel argued for treating the written statement as an application for leave to contest, referencing the case of Rambir Singh vs Smt. Balwant Kaur Choudhary & Anr. The court, however, distinguished the current case from this precedent, noting Singh’s failure to request such treatment for his written statement.
Court’s Decision: The court found no infirmity in the impugned eviction order. It observed the petitioner’s non-truthful stand regarding the service of summons and his consistent avoidance of service and non-compliance with procedural requirements.
Conclusion and Order:
The High Court upheld the eviction order, emphasizing the petitioner’s lack of action in filing an application for leave to contest and dismissing the petition and pending applications.
Date of Decision: 28.03.2024
Kulwant Singh vs Vikas Ahuja
