When the tenant is not present at the tenanted premises, the Delhi High Court mandates that summonses must be served at the alternative address

Case: AMRIT LAL WADHERA & ANR. v. SAROJ SUNEJA

Coram: Justice Dharmesh Sharma

Case No.: RC.REV. 292/2018

Court Observation: “Indeed, Chapter IIIA of the DRC Act has an overriding effect and provides for a special procedure for disposal of application for eviction on the ground of bonafide requirement of tenancy accommodation by the landlord. It is but also the fundamental mandate of law that the summons of the petition must be shown to have been duly served upon the opposite party/tenant so as to enable him to file an application for leave to defend within the stipulated time,”

“It is apparent that not only was the requisite legal procedure not followed to effect service of summons but the learned ARC failed to exercise due diligence in the matter,”

“There was effected no service of summons by RPAD. It is said “justice hurried, is justice buried” and suffice to say that is what happened in the instant matter,”

“Such caution was thrown to the wind. It is evident that the respondent deliberately concealed the details of the residential address of the petitioners and no efforts were made to serve summons at such address,”

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Keywords

When the tenant is not present at the tenanted premises, Delhi High Court