PRECISION STEEL AND ENGINEERING WORKS AND ANOTHER versus PREM DEVA NIRANJAN DEVA TAYAL

PRECISION STEEL AND ENGINEERING WORKS AND ANOTHER versus PREM DEVA NIRANJAN DEVA TAYAL

Leave to contest the eviction petition under clause (e) of the proviso to s. 14(1) must be granted if the tenant's affidavit discloses facts which, if believed, would disentitle the landlord from obtaining an order for recovery of possession; the Controller's inquiry is limited to the disclosed facts and not to proof or detailed evidence at this stage.

Parties
Appellant: Precision Steel and Engineering Works; Respondent: Prem Deva Niranjan Deva Tayal
Jurisdiction
India
Judgment Date
07 October 1982
Procedural Posture
Appeal / Supreme Court Judgment
Outcome
appeal allowed
Legal Topics
Summary Eviction Proceedings Under Delhi Rent Control Act, Leave to Contest Eviction, Jurisdiction of Rent Controller, Interpretation of Procedural Statutes
Rent Control Landlord Tenant Summary Eviction Proceedings Under Delhi Rent Control Act Leave to Contest Eviction Jurisdiction of Rent Controller Interpretation of Procedural Statutes

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Parties

Precision Steel and Engineering Works

Appellant

Prem Deva Niranjan Deva Tayal

Respondent

Procedural Posture

Appeal / Supreme Court Judgment

Legal Issues

  1. 1 What is the jurisdiction and scope of the Controller under sub-s. (5) of s. 25B of the Delhi Rent Control Act when dealing with a tenant's affidavit seeking leave to contest eviction under clause (e) of the proviso to s. 14(1)?

Ratio Decidendi

Leave to contest the eviction petition under clause (e) of the proviso to s. 14(1) must be granted if the tenant's affidavit discloses facts which, if believed, would disentitle the landlord from obtaining an order for recovery of possession; the Controller's inquiry is limited to the disclosed facts and not to proof or detailed evidence at this stage.

Court Disposition

appeal allowed

Orders

  • Leave to contest under sub-s. (5) of s. 25B of the Delhi Rent Control Act, 1958 is granted to the appellant.
  • Matter to proceed in accordance with law.