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Dev Bhushan Since Deceased Thr Lrs vs Pradeep Kumar on 10 October, 2017

2. By the impugned order, the RCT set aside the order of the Additional
Rent Controller (in short ‘the ARC’) whereby the ARC had dismissed the
application under Order 9 Rule 13 CPC and upheld that the service has been
duly affected on the respondent while passing the ex-parte eviction order
dated 15.10.2005.
3. The case of the petitioner is that the respondent is a tenant in respect
of the shop bearing No.1 in property No.RZ-184, Khasra No.487/3, Peera
Garhi, New Delhi under one Sh.Rai Singh. After the demise of Sh.Rai
Singh, through his LRs one Sh.Dev Bhushan who is the predecessor-in-

CM(M) 1274/2012 Page 1 of 8
interest of the petitioner ( petitioner being the L.R of Shri Dev Bhushan
who died on 16.5.2010) purchased the said property vide Sale Deed dated
03.12.2001. Sh.Dev Bhushan being aggrieved by the acts of the respondent
in not making payment of the rent, after service of a legal notice, filed an
eviction petition under Section 14(1)(a) of the Delhi Rent Control Act, 1958
(hereinafter referred to as ‘the DRC Act’). Three attempts were made to
serve the respondent. On each occasion, the respondent is said to have
refused the summons. The respondent was proceeded ex-parte. On
06.07.2005, the ARC granted one month time to the respondent to pay the
arrears of rent by giving the benefit under Section 14(2) of the DRC Act.
Again a process server is said to have gone to the premises to serve the court
notice on the respondent and again the respondent refused to accept the said
summons. Thereafter, the ARC passed an ex-parte eviction order dated

Source: Indian Kanoon


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