2000 AIR SCW 4539 ::(2001) WLC(SC)CVL 105 ::(2001) 89 DLT 27 ::2001 (1) SCC 706 ::(2000) 8 Scale 424 ::(2001) 1 CurCC 20 ::(2001) 57 DRJ 182 ::(2001) 3 LandLR 61 ::(2001) 1 RenCR 33 ::(2001) 1 RentLR 9 ::(2001) 1 SCJ 386 ::(2000) 2 RenCJ 655 ::(2001) 1 UC 291 ::(2000) 8 Supreme 350 ::(2001) 2 Andh LT 1 ::(2001) 1 JT 308 (SC)

Supreme Court Of India

(From : Delhi)*

Hon'ble Judge(s): D. P. Mohapatra, Shivaraj V. Patil , JJ

(A) Delhi Rent Control Act (59 of 1958) , S.25B(5), S.14(1)(e)— Leave to defend eviction application - Tenant, if prima facie makes out case by disclosing such facts as would non-suit landlord - Cannot be refused leave to defend. At a stage when the tenant seeks leave to defend, it is enough if he prima facie makes out a case by disclosing such facts as would disentitle the landlord from obtaining an order of eviction. It would not be a right approach to say that unless the tenant at that stage itself establishes a strong case as would non-suit the landlord; leave to defend should not be granted when it is not the requirement of S. 25-B(5). At the stage of granting leave the real test should be whether facts disclosed in the affidavit filed seeking leave to defend prima facie show that the landlord would be disentitled from obtaining an order of eviction and not whether at the end defence may fail. It is well to remember that when a leave to defend is refused, serious consequences of eviction shall follow and the party seeking leave is denied an opportunity to test the truth of the averments made in the eviction petition by cross-examination. It may also be noticed that even in cases where leave is granted provisions are made in this very Chapter for expeditious disposal of eviction petitions. S. 25-B (6) states that where leave is granted to a tenant to con....