Supreme Court · 2022 INSC 402 · Decided 7 April 2022
Abid-Ul-Islam v. Inder Sain Dua
- Court
- Supreme Court of India
- Citation
- 2022 INSC 402 · [2022] 2 S.C.R. 1016
- Case number
- CIVIL APPEAL No. 9444/2016
- Decided
- 7 April 2022
- Bench
- SANJAY KISHAN KAUL, M.M. SUNDRESH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Rent Control Act Section 25B(8), 14(1)(e)
Headnote
Delhi Rent Control Act, 1958: s.25B(8), proviso - Revisional Power of the High Court of Delhi - Scope and ambit of - In the instant case, appellant (landlord) filed eviction petition u/s.14(1)(e) r/w s.25B of the Act - Respondent (tenant) unsuccessfully Rent Controller for leave to defend u/s.25B(5) of the Act - Respondent approached High Court by invoking the revisional power provided under proviso to s.25B(8), which was allowed on the premise that there are triable issues - On appeal, held: Proviso to s.25B(8) creates an embargo by
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