Third Schedule: Form of Summons under Section 25B(2)
The Third Schedule to the Delhi Rent Control Act, 1958 prescribes the form of summons used in the special summary procedure for specified eviction applications. The Schedule expressly refers to Section 25B(2) and to eviction sought on the ground in Section 14(1)(e) or under Section 14A.
Meaning of the Relevant Provisions
Section 14(1)(e): Bona Fide Requirement
Section 14 contains the statutory protection against eviction and the grounds on which recovery of possession may be ordered. Clause (e) of the proviso to Section 14(1) concerns premises required bona fide by the landlord for occupation as contemplated by that provision, subject to the requirements of the Act.
Section 14A: Immediate Possession in Specified Cases
Section 14A creates a special right to recover immediate possession for the category of persons and circumstances specified in that section. The Third Schedule expressly includes an eviction application brought under Section 14A.
Section 25B: Special Summary Procedure
Section 25B governs the special procedure for specified eviction applications. The Third Schedule is important because its summons tells the tenant that leave of the Controller must be obtained to contest and refers to the affidavit contemplated by Section 25B(5).
Statutory Form of Summons - Third Schedule
THIRD SCHEDULE
[See Section 25B(2)]
Form of summons in a case where recovery of possession of premises is prayed for on the ground of bona fide requirement or under Section 14A
To
(Name, description and place of residence of the tenant.)
WHEREAS Shri _________________ has filed an application (a copy of which is annexed) for your eviction from (here insert the particulars of the premises) on the ground specified in clause (e) of the proviso to sub-section (1) of Section 14, or under Section 14A;
You are hereby summoned to appear before the Controller within fifteen days of the service hereof and to obtain the leave of the Controller to contest the application for eviction on the ground aforesaid;
In default whereof, the applicant will be entitled at any time after the expiry of the said period of fifteen days to obtain an order for your eviction from the said premises.
Leave to appear and contest the application may be obtained on an application to the Controller supported by an affidavit as is referred to in sub-section (5) of Section 25B.
Given under my hand and seal.
This __________ day of __________ 20 __________.
Controller
Why the Third Schedule Matters
The form is not merely a general notice to the tenant. It is linked to the special procedure under Section 25B and specifically communicates the requirement to seek leave to contest within the period stated in the summons. Parties should therefore read the summons together with the applicable provisions of Sections 14, 14A and 25B and any binding judicial interpretation relevant to their case.
Note: This page reproduces the statutory form for legal information. Case-specific procedural questions should be checked against the current statute, applicable rules and binding court decisions.