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Santosh Devi Soni v. Chand Kiran .
Factual and Procedural Background
This appeal arises from proceedings under the Delhi Rent Control Act concerning a claim for additional accommodation by the respondent landlady, a widow who occupies the first floor of the building where the suit premises are located. The defendant-appellant sought leave to defend, which was refused by the Rent Controller and subsequently confirmed by the High Court. The Supreme Court granted leave and, by consent of counsel, heard the appeal finally. The Court noted that additional accommodation had subsequently become available to the respondent, as mentioned by the appellant.
Legal Issues Presented
- Whether, in a case seeking additional accommodation under the Delhi Rent Control Act and in light of the respondent landlady’s stated requirements and subsequent availability of additional accommodation, leave to defend could properly be refused to the defendant-appellant.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| S.M. Mehra v. D.D. Mallik, (2001) 1 SCC at p. 256 | In proceedings under the Delhi Rent Control Act where additional accommodation is sought, leave to defend should normally not be refused. | The Court relied on this principle to conclude that the appellant should be granted leave to defend and that the matter requires adjudication on merits. |
Court's Reasoning and Analysis
The Court identified the narrow question as whether refusal of leave to defend was justified in light of the respondent landlady’s requirements in a case for additional accommodation. Emphasizing that such cases ordinarily warrant grant of leave to defend, the Court expressly relied on its prior ruling in S.M. Mehra v. D.D. Mallik, which holds that leave to defend should normally not be refused in additional-accommodation proceedings under the Delhi Rent Control Act.
Additionally, the Court noted that, as mentioned by the appellant, additional accommodation had subsequently become available to the respondent. Given these circumstances, the Court held that the respondent’s need required thorough examination on the merits through a full-fledged trial. Consequently, the earlier refusal of leave to defend was inappropriate at this stage. The Court was careful to make no observations on the merits and directed that the issues be decided after the parties have had an opportunity to lead evidence.
Holding and Implications
Holding: Leave to defend was granted to the appellant. The judgment and order of the Rent Controller, as confirmed by the High Court, were set aside, and the case was remanded to the Rent Controller for a decision on merits, treating the appellant as having been granted leave to defend. The Rent Controller was directed to decide the remanded proceedings at the earliest and preferably within four months from receipt of the order. The Registry was directed to send a copy of the order to the Rent Controller. The Court made no observations on the merits. The civil appeal was allowed. No costs.
Implications: The immediate effect is that the matter will proceed to a full trial before the Rent Controller, with both parties permitted to lead evidence on the respondent’s need for additional accommodation. No new legal rule was created; the Court applied the existing principle that leave to defend should ordinarily not be refused in additional-accommodation cases under the Delhi Rent Control Act.
Order
1. Leave granted.
2. By consent of learned counsel for the parties we have heard this appeal finally.
3. The short question is whether in the light of the requirements put forward by the respondent landlady, who is a widow and is in occupation of the first floor of the building in which the suit premises are situated, leave to defend to the defendant-appellant could have been refused. As this is a case for additional accommodation and looking to the facts and circumstances of the case, especially in the light of the additional accommodation which is subsequently made available to the respondent as mentioned by the appellant, the question of the respondent's need was required to be thrashed out on merits by a full-fledged trial. This Court on 11-1-1990 in the case of S.M Mehra (Dr) v. D.D Mallik (2001) 1 SCC at p. 256 has ruled that in the cases where additional accommodation is asked for in proceedings under the Delhi Rent Control Act, normally leave to defend should not be refused.
4. Considering the facts and circumstances of this case, therefore, we deem it fit to grant leave to defend to the appellant and consequently the judgment and order passed by the Rent Controller and as confirmed by the High Court are set aside and the proceedings are remanded to the Rent Controller's Court for deciding the proceedings on merits by treating the appellant to have been granted leave to defend. In view of the pendency of the proceedings since years we direct the Rent Controller to decide the remanded proceedings at the earliest and preferably within four months from the receipt of a copy of this order at his end.
5. The Office of this Court shall send a copy of this order to the Rent Controller concerned for information and necessary action.
6. We make it clear that we make no observations on the merits of the controversy between the parties and it will be decided on its own merits after permitting the parties to lead evidence on which they choose to rely.
7. The civil appeal is allowed accordingly.
8. No costs.
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