NDLI: Abid-ul-islam Vs. Inder Sain Dua

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Delhi Rent Control Act 1958:
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Delhi Rent Control Act, 1958: s.25B(8), proviso – Revisional Power of the High Court of Delhi – Scope and ambit of – In the instant case, appellant (landlord) filed eviction petition u/s.14(1)(e) r/w s.25B of the Act – Respondent (tenant) unsuccessfully filed an application before Rent Controller for leave to defend u/s.25B(5) of the Act – Respondent approached High Court by invoking the revisional power provided under proviso to s.25B(8), which was allowed on the premise that there are triable issues – On appeal, held: Proviso to s.25B(8) creates an embargo by not providing an appeal against the order passed by the Rent Controller over an application filed u/s.25B(5) – The intent of the legislature is to remove the appellate remedy and thereafter a second appeal – It gives the High Court exclusive power of revision against an order of Rent Controller in the nature of superintendence over an inferior court on the decision making process – Thus, High Court is not expected to substitute and supplant its views with that of the trial Court – Its role is to just satisfy itself on the process adopted – The scope of interference by the High Court is very restrictive except in cases where there is an error apparent on the face of the record – In the instant case, High Court proceeded to allow the revision by treating it like an appeal – Approach of High Court not sustainable in the eye of law. Delhi Rent Control Act, 1958: s.14(1)(e) – Bona fide requirement by landlord – U/s.14(1)(e) landlord makes an application seeking possession of the tenanted premise for his bona fide requirement when there is no other reasonably suitable accommodation – There has to be satisfaction on two grounds, namely, (i) the requirement being bona fide and (ii) the nonavailability of a reasonably suitable residential accommodation – Such reasonableness along with suitability is to be seen from the perspective of the landlord and not the tenant Delhi Rent Control Act, 1958: s.14(1)(e) vis-a-vis s.25B(5) – Scope of – For availing leave to defend u/s.25B(5), a mere assertion per se would not suffice as s.14(1)(e) creates a presumption subject to the satisfaction of the Rent Controller qua bona fide need in favour of the landlord – Before a presumption is drawn, landlord is duty bound to place prima facie material supported by the adequate averments – It is only thereafter, the presumption gets attracted and the onus shifts on the tenant – Further, s.19 of the Act gives a right to the dispossessed tenant for repossession if there is a noncompliance on the part of the landlord albeit after eviction – Such a right is available only to a tenant who stood dispossessed on the application filed by the landlord invoking s.14(1)(e) being allowed.
Judge	Hon'ble Mr. Justice M.M. Sundresh
Neutral Citation	2022 INSC 402
Petitioner	Abid-ul-islam
Respondent	Inder Sain Dua
SCR	[2022] 2 S.C.R. 1016
Judgement Date	2022-04-07
Case Number	9444

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