IMPORTANT POINTS
1. Rational approach in interpreting the law relating to the control of rents is expected from the courts dealing with the cases under the statutes relating to rent by keeping in mind the object of the legislation intended to provide social justice preventing unscrupulous landlord to exploit the circumstances and force the tenants to submit to their pressure under the threat of eviction. It should be kept in mind that the Rent Acts undoubtedly lean more in favour of the tenants for whose benefits they were essentially passed.
2. Where tenant puts up the defence that sale deed under which landlord allegedly got the property itself was illegal and property stood vested in Custodian of Enemy Properties for India, Rent Controller was not justified in refusing leave to defend under Section 25B of the Delhi Rent Control Act and thus ordering summary eviction.

Headnote:(i) Delhi Rent Control Act-Section 25B(5) r/w Section 14(1)(e)-Leave to defend-Refusal-Legality of-Tenant s plea that property subject matter of litigation and vested in custody of Enemy properties for India-Tenant s plea alleged sale deed in favour of landlord not valid-Rent Controller rejecting leave to defend on ground property in question had been declared as non-evacuee property-High Court upholding order-Held : Rent Controller failed to see distinction between Evacuee Property Act and Enemy Property Act-Question whether property vested in custodian and authenticity of sale deed could be decided only at trial after leave granted to contest claim of landlord-Plea of tenant not frivolous-Rent Controller and High Court completely ignored object of Rent Control Legislation and Scheme of Act-Lower Courts order set aside and leave to defend granted.
       From the scheme of the Act it is evident that if tenant discloses grounds and pleads a cause which prima facie is not baseless, unreal and unfounded, the Controller is obliged to grant him leave to defend his case against the eviction sought by the landlord. The enquiry envisaged for the purpose is a summary enquiry to prima facie find out the existence of reasonable grounds in favour of the tenant. If the tenant brings to the notice of the Controller, such facts as would disentitle the landlord from obtaining an order for recovery of possession, the Controller shall give him leave to contest. The law envisages the disclosure of facts and not the proof of the facts.
       In the instant case the Controller as well as the High Court appear to have completely ignored the object of the Rent Control legislation and the scheme of the Act while dealing with the case of the appellants. The Rent Controller negatived the plea of the appellants by taking into consideration order dated 30th March, 1954 passed by the Assistant Custodian (Judicial) in relation to the premises whereby property No. 1761 situated at Ward No. XIX, Delhi had declared as non evacuee property. It appears that the Rent Controller failed to see the distinction between the Evacuee Property Act under which the order dated 30th March, 1954 was passed and the Enemy Property Act, 1968 regarding which letter Exhibit P-1 dated 15th October, 1970 was issued intimating that the property, the subject matter of the litigation, had vested in the Custodian of Enemy Properties for India. The question as to whether the property had actually vested or not, the consequence of its vesting or non-vesting and the authenticity of the sale deed relied upon by the respondent, were the questions which could be determined only at the trial after the appellants were granted leave to contest the claim of the respondent-landlord. The pleas raised by the appellants could not, in any way, be termed to be frivolous, baseless, unreal and unfounded. If that be the position, the Controller was obliged to grant the leave and after affording the parties opportunity, adjudicate the rival claims. Thus the orders of the Rent Controller and that of the High Court suffers from inherent legal infirmities which are required to be set aside. The appellants herein are granted leave to defend the eviction petition in terms of the provisions of the Act. (Paras 5, 9 and 10)
       (ii) Rent Control Legislations-Purpose and object of legislations-Interpretation of law relating to rent control-Rational approach expected from Courts keeping in mind object of legislation intended to provide social justice preventing unscrupulous landlords to exploit circumstances and force tenants to submit to their pressure.
       Held : Rent control legislations have been acknowledged to be pieces of social legislation which seek to strike a just balance between the rights of the landlord and the requirements of the tenants. Such legislations prevent the landlords from taking the extreme step of evicting the tenants merely upon technicalities or carved grounds. The history of the legislation regarding Rent Controls in the country would show that the Rent Acts were enacted to overcome the difficulties arising out of the scarcity of the accommodation which arose primarily due to the growth of industrialisation and commercialisation and inflow of the population to the urban areas. Such legislations were initially confined to the big cities like Bombay, Calcutta and Rangoon but their jurisdiction was gradually extended to other areas in the country. Because of scarcity of the accommodation and gradual rise in the rents due to appreciation of the value of urban properties, the landlords were found to be in a position to exploit the situation for their unjustified personal gains which were consequently detrimental to the helpless tenants who were subjected to uncalled for litigation for eviction. It thus became imperative for the Legislature to intervene to protect the tenants against harassment and exploitation by the landlords for which appropriate legislations came to be passed by almost all the States and Union Territories in the country with the paramount object of essentially safeguarding the interest of tenants and for their benefit. The Rent Acts also made provision for safeguarding the interests of genuine landlords. The Rent Acts are intended to preserve social environment and promote social justice by safeguarding the interests of the tenants mainly and at the same time protecting the legitimate interests of the landlords. The provisions of the Rent Acts are, therefore, not required to be interpreted in a hypertechnical manner which in cases may result in frustrating the object for which the legislation was made. It should be kept in mind that the Rent Acts undoubtedly lean more in favour of the tenants for whose benefits they were essentially passed. The rational approach in interpreting the law relating to the control of rents is expected from the courts dealing with the cases under the statutes relating to rent by keeping in mind the object of the legislation intended to provide social justice preventing unscrupulous landlord to exploit the circumstances and force the tenants to submit to their pressure under the threat of eviction. (Paras 2 and 3)

JUDGMENT

Sethi, J.-Leave granted.

2. Rent control legislations have been acknowledged to be pieces of social legislation which seek to strike a just balance between the rights of the landlord and the requirements of the tenants. Such legislations prevent the landlords from taking the extreme step of evicting the tenants merely upon technicalities or carved grounds. This Court in Mangat Ram v. Kedar Nath1 held that where the Rent Acts afford a real and sanctified protection to the tenant, the same should not be nullified by giving a hyper-technical or liberal construction to the language of the statute which instead of advancing the object of the Act may result in its frustration. The Rent Acts have primarily been enacted to give protection to the tenants.

3. The history of the legislation regarding Rent Controls in the country would show that the Rent Acts were enacted to overcome the difficulties arising out of the scarcity of the accommodation which arose primarily due to the growth of industrialisation and commercialisation and inflow of the population to the urban areas. Such legislations were initially confined to the big cities like Bombay, Calcutta and Rangoon but their jurisdiction was gradually extended to other areas in the country. Because of scarcity of the accommodation and gradual rise in the rents due to appreciation of the value of urban properties, the landlords were found to be in a position to exploit the situation for their unjustified personal gains which were consequently detrimental to the helpless tenants who were subjected to uncalled for litigation for eviction. It thus became imperative for the Legislature to intervene to protect the tenants against harassment and exploitation by the landlords for which appropriate legislations came to be passed by almost all the States and Union Territories in the country with the paramount object of essentially safeguarding the interest of tenants and for their benefit. The Rent Acts also made provision for safeguarding the interests of genuine landlords. The Rent Acts are intended to preserve social environment and promote social justice by safeguarding the interests of the tenants mainly and at the same time protecting the legitimate interests of the landlords. The provisions of the Rent Acts are, therefore, not required to be interpreted in a hypertechnical manner which in cases may result in frustrating the object for which the legislation was made. It should be kept in mind that the Rent Acts undoubtedly lean more in favour of the tenants for whose benefits they were essentially passed. The rational approach in interpreting the law relating to the control of rents is expected from the courts dealing with the cases under the statutes relating to rent by keeping in mind the object of the legislation intended to provide social justice preventing unscrupulous landlord to exploit the circumstances and force the tenants to submit to their pressure under the threat of eviction.

4. Delhi Rent Control Act (hereinafter referred to as "the Act") has also been enacted to provide for the control of rents and evictions of the tenants from the premises covered by the Act. Section 2(e) and (1) define `landlord and `tenant respectively. Section 14 provides protection to the tenants against eviction. Eviction against a tenant can be ordered by the Rent Controller only on the grounds specified in various clauses and sub-sections of the said Section. Section 14(A) to 14(D) confer rights upon the landlord to recover immediate possession of premises on the grounds mentioned therein. Section 15 specifies the circumstances where the tenant can get protection against his eviction. If the eviction of the tenant is sought under Section 14(1)(e) of the Act, as was the prayer made by the respondent herein, the tenant of the premises upon service of the summons can pray to obtain leave from the Controller to defend the case. Sub-section (5) of Section 25B provides :

"25B(5) The Controller sha

Click Here to Read the rest of this document

2000 Supreme(SC) 909

Cases Referred (1)