JUDGMENT

ORDER :— Petition for special leave is granted.

2. This is a case under the Delhi Rent Control Act wherein the landlord approached the Court seeking possession of the premises occupied by tenant on the ground that the landlord requires the premises bona fide for his own use and occupation as provided in S. 14 (1) proviso (e).

3. After the summons in the prescribed form was served, the tenant appeared and filed an affidavit as envisaged by S. 25B (4). The learned 5th Addl. Rent Controller did not grant leave to defend and proceeded to decree the eviction of the tenant. The matter went to the High Court at the instance of the tenant, the appellant before us, which was dismissed in limine. Hence this appeal by special leave.

4. Section 25B (5) enjoins a duty on the Rent Controller to grant leave to contest the petition, if the facts disclosed in the affidavit of the tenant are such as would disentitle the landlord to obtain an order of eviction. Therefore, ordinarily while examining the application for leave to contest one has to confine to the facts disclosed in the affidavit and that is certainly not a stage for a full-fledged trial of the issues arising from the facts stated