6. Learned counsel for the petitioner has cited before me the case of Sham Lal v. Atma Nand Jain Sabha, AIR 1987 SC 197. It was held therein by the Supreme Court that the day mentioned in the summons cannot be treated to be the day of first hearing of the ejectment application but it is the day for appearance of the defendant as on that day the Court does not take up the hearing or apply its mind to the hearing of the application. It has further been held that it was only after written statement was filed, the issues are framed and hearing commences.
9. Learned counsel for the respondents has cited the case of Ashwani Kumar Gupta v. Siri Pal Jain, 1998 (2) Ren CR 222. It was a case of specified landlord and the tenant did not file affidavit seeking leave to contest within 15 days of service of summons. It was held therein that the Rent Controller could not condone delay or extend time. The question involved in that judgment is totally different from the case in hand and hence the said judgment is not applicable to the facts of the present case.