SANTOSH MEHTA versus OM PRAKASH AND ANR.

SANTOSH MEHTA versus OM PRAKASH AND ANR.

The power to strike out the defence of a tenant under section 15(7) of the Delhi Rent Control Act is discretionary and should be exercised only in grossly recalcitrant situations, not for innocent or unintentional defaults. Striking out the defence for the appellant, who paid rent to her advocate but was let down by him, was not legal. The order is appealable and not barred by section 25B. Opportunity must be given to the tenant to contest eviction.

Parties
Appellant: Santosh Mehta; Respondents: Om Prakash and Another
Jurisdiction
India
Judgment Date
02 April 1980
Procedural Posture
Civil Appeal / Appeal by Special Leave From a Delhi High Court Revision Order
Outcome
Appeal Allowed
Legal Topics
Tenant Protection, Striking Out Defence, Appeals Under Rent Control, Advocate Misconduct
Rent Law Tenant Protection Striking Out Defence Appeals Under Rent Control Advocate Misconduct

Case Brief

Summary, issues, holding and outcome

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Parties

Santosh Mehta

Appellant

Om Prakash and Another

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From a Delhi High Court Revision Order

Legal Issues

  1. 1 Whether striking out the defence for non-payment of rent under section 15(7) of the Delhi Rent Control Act is mandatory or discretionary
  2. 2 Whether an order striking out defence under Section 15(7) is appealable under Section 38
  3. 3 Whether the tenant, having paid arrears to her advocate, should be penalised for advocate's failure to deposit

Ratio Decidendi

The power to strike out the defence of a tenant under section 15(7) of the Delhi Rent Control Act is discretionary and should be exercised only in grossly recalcitrant situations, not for innocent or unintentional defaults. Striking out the defence for the appellant, who paid rent to her advocate but was let down by him, was not legal. The order is appealable and not barred by section 25B. Opportunity must be given to the tenant to contest eviction.

Court Disposition

Appeal Allowed

Orders

  • Orders of the Rent Controller and High Court are set aside.
  • Order striking out the defence is declared illegal.