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2001 Supreme(Del) 1239

VIKRAMAJIT SEN
NEM CHAND DAGA – Appellant
Versus
INDER MOHAN SINGH RANA – Respondent


Advocates Appeared:
Akshaya Makhija, K.C.DEVAN, V.B.ANDLEY, V.K.Makhija, Vivek Singh

VIKRAMAJIT SEN

( 1 ) IN this Revision Petition the challenge is in respect of the Order dated 28. 9. 2000 passed by the additional Rent Controller, Delhi in which he has declined to grant the Tenant leave to Contest the eviction petition. Such Orders invariably require the court to successfully undertake a tightrope walk, since the competing interest of the tenant and the landlord have to be kept in balance. The Delhi Rent Control Act (hereinafter referred to as "the Act ) accorded protection to tenants against eviction. While it contained several grounds on which eviction could be prayed for, in almost all of them, the Tenant was afforded an additional protection. For example, even if there is a default in payment of rent, the tenant is not to be evicted for his first default; if it is found that the Tenant has misused the property the Landlord has still -to prove that such misuser is detrimental to his interests; if the Tenant uses the premises contrary to any conditions imposed on the landlord , the former can nonetheless resist eviction if he pays compensation to the Authority concerned. In respect of eviction on the grounds of the bona fide need of the Landlord for residentia











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