Back
SUPREME COURT OF INDIA
D.A.Desai : V.B.Eradi
Ram Pyari
Versus
Daya Rani
Case No. : 4134 of 1982
Date of Decision : 12/10/82
Advocates Appeared: Balakrishnan S. : Chauhan B.S. : Namboodiry M.K.D. : Shridharn T. : Tarkunde V.M.
Rent Control Act – Section 14(1) - Rent Controller - Eviction - Untenable - This is one of usual cases in which leave to contest an application filed by respondents for eviction – Held, Court case is fully covered by ratio of decision of this court in Precision Steel & Engineering Works – Consequently appeal will have to be allowed – Court accordingly allow this appeal set aside order of the Rent Controller as well as order of High court and grant leave to contest petition for eviction – Court remit matter back to Rent Controller with a direction to decide it according to law and hearing of matter will be expedited – Appeal allowed
(1) SPECIAL leave is granted.
(2) THIS is one of the usual cases in which leave to contest an application filed by the respondents for eviction under S. 14(1) proviso (e) of the Delhi Rent Control Act was refused by learned Rent Controller on the grounds which- are wholly untenable. The case is fully covered by the ratio of the decision of this court in Precision Steel & Engineering Works v. Prem Deva Niranjan Deva Tayal. Consequently, the appeal will have to be allowed. We accordingly allow this appeal, set aside the order of the Rent Controller as well as the order of the High court and grant leave to contest the petition for eviction. We remit the matter back to the Rent Controller with a direction to decide it according to law and the hearing of the matter will be expedited. There will be no order as to costs.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
