PRITHIPAL SINGH versus SATPAL SINGH (D) THROUGH LRS.

PRITHIPAL SINGH versus SATPAL SINGH (D) THROUGH LRS.

Rent Controllers cannot condone delay in filing leave to defend under Section 25-B Delhi Rent Control Act, nor can they recall eviction orders by applying provisions of CPC; Section 25-B is a complete code, and Rule 23 or CPC provisions are not applicable. Orders passed contrary to these limits are illegal and irregular.

Parties
Appellant: Prithipal Singh; Respondent: Satpal Singh (D) through LRs.
Jurisdiction
India
Judgment Date
18 December 2009
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Order
Outcome
Appeal allowed
Legal Topics
Eviction, Bona Fide Requirement, Condonation of Delay, Applicability of CPC, Limitation, Summary Procedure
Rent Control Civil Procedure Eviction Bona Fide Requirement Condonation of Delay Applicability of CPC Limitation Summary Procedure

Case Brief

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Parties

Prithipal Singh

Appellant

Satpal Singh (D) through LRs.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Order

Legal Issues

  1. 1 Whether the Additional Rent Controller under the Delhi Rent Control Act can set aside an order of eviction and allow leave to defend after rejecting such application on grounds of delay.
  2. 2 Whether Rent Controller is competent to condone delay or recall orders under Order 9 Rule 13, Order 37 Rule 4, and Section 151 CPC when such power is not conferred under the Rent Act.

Ratio Decidendi

Rent Controllers cannot condone delay in filing leave to defend under Section 25-B Delhi Rent Control Act, nor can they recall eviction orders by applying provisions of CPC; Section 25-B is a complete code, and Rule 23 or CPC provisions are not applicable. Orders passed contrary to these limits are illegal and irregular.

Court Disposition

Appeal allowed

Orders

  • Eviction order dated 28.2.2001 passed by Additional Rent Controller restored.
  • Impugned orders of High Court and Additional Rent Controller set aside.