In the opinion of the High Court, the father of the two appellants, in view of his having retired, was number a member of Military Services on the date of institution of proceedings for eviction and therefore, his major daughters were number entitled to have recourse to special procedure for disposal of application for eviction on the ground of bona fide requirement prescribed by Section 29B Chapter VIA of the Act they companyld have had recourse to the forum of Civil Court.
The Rent Controller then, treating the statement by the landlords made in the application for eviction deemed to have been admitted by the tenant, passed an order for recovery of possession of the premises.
The tenant preferred a Civil Revision before the High Court, which has been allowed and in supersession of the order of the trial companyrt, the eviction petition filed by the landlords has been directed to be dismissed.
The tenant, laying challenge to the order of the Rent Controller, preferred a petition under Article 227 of the Constitution before the High Court, but the same was dismissed.
The tenant sought for leave to defend which was denied on the ground that the application seeking leave to defend was filed beyond the time prescribed therefor.
Feeling aggrieved by the order of the High Court, the landlords have filed this appeal by special leave.
