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AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Case Number
Disposition
Attorney(S)
Judges
Acts
  • Section 14(1)(e) of the Delhi Rent Control Act (the DRC Act)
  • Section 25-B(5) of the DRC Act read with Section 151 CPC
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Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Disposition
Attorney(S)
Judges
Acts
  • Section 14(1)(e) of the Delhi Rent Control Act (the DRC Act)
  • Section 25-B(5) of the DRC Act read with Section 151 CPC
Smart Summary

Factual and Procedural Background

The appellant has been a tenant since 1988 of a ground-floor shop premises situated at Property No. 6157, Partap Street, Behind Kothi Bhagwan Dass, Gandhi Nagar, Delhi-110031, where she runs her business, “Disco Hair Dresser.” The respondent landlords filed an eviction petition under Section 14(1)(e) of the Delhi Rent Control Act, 1958 on the ground of bona fide requirement, stating that they needed the premises to open an office-cum-display counter on the main road side to expand their cosmetic unit business.

The appellant filed an application seeking leave to defend under Section 25-B(5) of the Delhi Rent Control Act read with Section 151 of the Code of Civil Procedure, contending that there was no bona fide requirement and that the respondents had alternative accommodation. The Additional Rent Controller, Karkardooma Court, Delhi dismissed the leave-to-defend application on the basis that no triable issue was raised. The appellant’s revision petition under Section 25-B(8) of the Act was also dismissed by the High Court (Revision Petition No. 347 of 2011). The matter then came before the Supreme Court by special leave, where leave was granted.

Legal Issues Presented

  1. Whether the appellant-tenant should be granted leave to defend the eviction petition filed by the respondent landlords.

Arguments of the Parties

Respondents' (Landlords') Arguments

  • The landlords required the tenanted premises to expand their business, as the space currently available to them was insufficient.
  • The appellant-tenant owned another property with her husband in the same locality and could shift her business there.

Appellant's (Tenant's) Arguments

  • The appellant denied the landlords’ assertions regarding her having alternative accommodation.
  • The appellant’s leave-to-defend application raised the plea that there was no bona fide requirement and that the landlords had alternative accommodation.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court confined itself to the limited question of whether leave to defend should be granted, and expressly declined to examine the merits of the rival contentions to avoid expressing views on the substantive eviction dispute.

On the facts and circumstances, the Court held that the appellant had raised a “triable issue,” meaning that there was a fair dispute requiring adjudication in the eviction petition. Therefore, denial of leave to defend was not justified.

However, the Court directed that leave to defend would be granted only conditionally. It noted that during the pendency of the revision petition before the High Court, the appellant had agreed to pay rent at the rate of Rs 3000 per month, and the Court required that this arrangement continue until disposal of the eviction petition.

Holding and Implications

ALLOWED; IMPUGNED HIGH COURT ORDER SET ASIDE; LEAVE TO DEFEND GRANTED CONDITIONALLY.

The High Court’s order in Shanti Devi v. Rajesh Kumar Jain, Revision Petition No. 347 of 2011, was set aside. The appellant was directed to file her reply statement before the Additional Rent Controller within four weeks. The Additional Rent Controller was directed to afford sufficient opportunity to both parties and dispose of the eviction petition preferably within six months from receipt of the order.

Until the eviction petition is disposed of, the appellant must continue to pay rent at Rs 3000 per month on or before the 7th of each succeeding English calendar month. The order awarded no costs. The decision’s direct effect is to reopen the eviction proceedings with the tenant permitted to contest on merits; the opinion does not indicate that any new precedent was set.

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    Shanti Devi v. Rajesh Kumar Jain And Another

    R. Banumathi, J.— Leave granted. In this appeal, the short question falling for consideration is whether the appellant be granted leave to defend the eviction petition filed by the respondent landlords.

    2. The appellant is a tenant in respect of shop premises situated on the ground floor of Property No. 6157, Partap Street, Behind Kothi Bhagwan Dass, Gandhi Nagar, Delhi-110031 since 1988. The appellant has been engaged in carrying on her business (Disco Hair Dresser) in the said premises. The respondent landlords filed an eviction petition under Section 14(1)(e) of the Delhi Rent Control Act (the DRC Act) against the appellant, inter alia, on the ground of bona fide requirement to open office-cum-display counter on the main road side to expand their business of cosmetic unit. The appellant filed application under Section 25-B(5) of the DRC Act read with Section 151 CPC seeking leave to defend the eviction petition. The appellant raised the plea that there is no bona fide requirement and that the respondents have alternative accommodation. The Additional Rent Controller, Karkardooma Court, Delhi dismissed the application of the appellant tenant on the ground that the appellant has failed to raise any triable issue. Being aggrieved, the appellant filed revision petition before the High Court under sub-section (8) of Section 25-B of the DRC Act and the same was dismissed Revision Petition No. 347 of 2011. Hence, this appeal by special leave.

    3. We have heard the counsel for the appearing parties. The learned counsel for the respondents contended that the landlords needed the property in question to expand their business, as the space currently available to them is insufficient. It was submitted that the appellant tenant owned another property, along with her husband in the same locality, where she could shift her business. The appellant tenant denied the issues raised by the respondent landlords with respect to having alternative accommodations.

    4. We are not inclined to go into the merits of the rival contentions, lest, it would amount to expression of views on the merits of the matter. In the facts and circumstances of the case, we are of the view, that the appellant has raised a triable issue, in the sense, that there is a fair dispute to be tried in the eviction petition and the appellant be granted leave to defend. However, leave to defend could be granted to the appellant only conditionally. When the revision petition was pending before the High Court, the appellant agreed to pay to the landlords rent @ Rs 3000 per month and the same could be continued.

    5. The impugned order of the High Court in Shanti Devi v. Rajesh Kumar Jain Revision Petition No. 347 of 2011 is set aside and the appeal is allowed. The appellant shall file her reply statement before the Additional Rent Controller, Karkardooma Court, Delhi within four weeks from today and the learned Additional Rent Controller shall afford sufficient opportunity to both the parties and proceed with the matter in accordance with law and dispose of the same preferably within a period of six months from the date of receipt of copy of this order. Till the disposal of the eviction petition, the appellant shall continue to pay rent @ Rs 3000 per month on or before 7th of each succeeding English calendar month. No costs.

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    Comments

    Shanti Devi v. Rajesh Kumar Jain And Another
    (Oct 9, 2014)