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1982 Supreme(SC) 6

E.S.VENKATARAMIAH, P.N.BHAGWATI
C. D. Korpal – Appellant
Versus
A. K. Madan – Respondent


JUDGMENT

BHAGWATI, J.:— Special leave granted.

2. This is an appeal by special leave directed against an order dated 3-8-1981 passed by the Delhi High Court rejecting a revision application preferred by the appellant against the order of the Addl. Rent Controller, Delhi refusing to grant leave to the appellant to defend a suit for eviction filed against him by the respondents. The respondents claimed eviction of the appellant on the ground of bona fide personal requirement. The appellant was refused leave to defend the suit for eviction even though the ground on which the eviction was sought was bona fide personal requirement and this ground was disputed by the appellant. We are of the view that this is a fit case in which leave to defend should have been granted by the Addl. Rent Controller and an opportunity should I have been afforded to the appellant to defend the suit. We accordingly allow the appeal, set aside the order passed by the High Court as also the order made by the Addl. Rent Controller and grant leave to the appellant to defend the suit. The appellant and the respondents will appear before the Addl, Rent Controller on Jan. 25, 1982 for taking appropriate directions f


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