Supreme Court · 2019 INSC 1074 · Decided 24 September 2019
Dina Nath (D) BY LRS & ANR. v. Subhash Chand Saini & ORS.
- Court
- Supreme Court of India
- Citation
- 2019 INSC 1074 · [2019] 12 S.C.R. 255
- Case number
- CIVIL APPEAL No. 4563/2014
- Decided
- 24 September 2019
- Bench
- ARUN MISHRA, M.R. SHAH, AJAY RASTOGI (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Rent Control Act Section 15(7)
Headnote
Delhi Rent Control Act, 1958: s. 15(7) - Power of the Rent Controller to strike out defence of the tenant, pending eviction petition - Nature of - Held: Power vested u/s. 15(7) is discretionary and not mandatory - It depends on contumacious or deliberate default and must be balance the rights and obligations of the tenant and the landlord - Power u/s. 15(7) being an exception, is to be exercised with due care and circumspection - On facts, on the date of the order passed by the Rent Controller itself, the entire arrears as directed to be deposited by
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