Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Delhi Rent Control Act I958 - ss. 25 B(4) I4 (e) -Application |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Delhi Rent Control Act, I958 - ss. 25 B(4), 14 (e) -Application filed by appellants (tenants) u/s. 25B(4) for grant of leave to contest the eviction proceedings filed by respondent No.I (landlord) against the appellants u/s. I4(e) - Rejection of, by courts below - On appeal, held: While considering the grant of leave to contest the eviction proceedings under the Rent Laws, the Authority/Court is not expected to examine the merits and demerits of the grounds raised in the application for grant of leave to contest and if the Authority/Court finds that the grounds raised prima facie disclose a defence which, if accepted, may result in non-suiting the landlord from claiming eviction, tenant is entitled to obtain leave to contest the eviction proceedings on merits - On facts, grounds sufficient for granting leave to the appellants to contest the eviction application of respondent No. 1 on merits - Grounds raised by appellants, if accepted, could result in dismissal of respondent No. I's eviction application thereby disentitling him to claim appellants' eviction from the suit shop - Thus, the order passed by Additional Rent Controlling Authority set aside. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2017 INSC 114 |
Petitioner | Vijay Kumar Ahluwalia & Ors. |
Respondent | Bishan Chand Maheshwari & Anr. |
SCR | [2017] 1 S.C.R. 680 |
Judgement Date | 2017-02-07 |
Case Number | 1546 |
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