MR IFTIKHAR AHMAD AND ANR vs MOHD ATIQ AND OTHERS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgement delivered on: 30.06.2025 + RC.REV. 58/2023 & CM APPL.9101/2023 MR IFTIKHAR AHMAD AND ANR .....Petitioners versus MOHD ATIQ AND OTHERS .....Respondents Advocates who appeared in this case For the Petitioners : Ms. Aditi Gupta, Adv. For the Respondents : None. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT TEJAS KARIA, J 1. The present petition has been filed under Section 25B(8) of the Delhi Rent Control Act, 1958 (‘DRC Act’) seeking quashing and setting aside of order dated 28.09.2022 (‘impugned order’) passed by the learned ACR- 01, Central District, Delhi (‘Rent Controller’) in RC ARC No. 463/2019 (‘Eviction Petition’) for eviction of premises at 1st Floor, consisting of one room with open courtyard in property bearing no. 4235, Gali Barna Wali, Ward XIV, Sadar Bazar, Delhi- 110006 (‘tenanted premises’). FACTUAL BACKGROUND: 2. Vide impugned order, the learned Rent Controller dismissed the application for leave to defend along with an application for condonation of delay for one single day in filing leave to defend to the Eviction Petition under Section 14(1)(e) of the DRC Act on the ground of bonafide Signature Not Verified Signed By:NEELAM SHARMA Signing Date:30.06.2025 RC.REV. 58/2023 Page 1 of 10 18:58:33 requirement of the Respondents. 3. The Petitioners have sought setting aside of the impugned order on the ground that the learned Rent Controller erred in dismissing the application for leave to defend by not condoning the delay of one day in filing the same. The Eviction Petition was served on the Petitioners on 11.07.2019 and the leave to defend as per the provisions of Section 25B of the DRC Act had to be filed within fifteen (15) days of the service. Accordingly, the last date for filing leave to defend wa