AIR 2000 SUPREME COURT 2470 ::2000 AIR SCW 2604 ::2000 SCFBRC 318 ::(2000) 85 DLT 358 ::2000 (5) SCC 708 ::(2000) 4 Scale 100 ::2000 (2) CurCC 285 ::2000 (1) RenCJ 609 ::2000 (1) RenCR 484 ::2000 (2) LRI 373 ::2000 (3) Supreme 626 ::2000 (5) SRJ 416 ::(2000) 5 JT 611 (SC)

Supreme Court Of India

(From : Delhi)*

Hon'ble Judge(s): S. Saghir Ahmad, R. P. Sethi , JJ

Delhi Rent Control Act (59 of 1958) , S.14(1)(e)— Eviction - Petition for - Leave to contest - Application by tenant - Pleas by tenant cannot be termed to be frivolous, baseless, unreal and unfounded - Rent Controller should grant leave to him. C. R. No. 337 of 1998, D/- 16-4-1999 (Delhi) Reversed. In the instant case the landlord claiming to be the owner on the basis of a sale deed executed in his favour filed a petition seeking eviction of the appellants tenants on the ground of his bona fide requirement as contemplated under S. 14(1)(e) read with S. 25-B of the Act. The claim of the landlord was resisted by the appellants on the ground that the property, the subject matter of litigation, is vested in the Custodian of Enemy Properties for India which could not be alienated or sold to the respondent-landlord. The appellants had relied upon an intimation by the Custodian of Enemy Properties for India to the grandfather of the appellants to the effect that the property had vested in the Custodian of Enemy Properties for India. 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 was declared as non-evacuee property. Held, that the Rent Controller failed to see the distinction betw....