BHAURI DEVI Vs. MAHENDER KUMAR
HIGH COURT OF DELHI
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REKHA SHARMA, J. -
(1.) BY this common order I shall dispose of RCR No. 32/07 and RCR No. 33/07.
(2.) THE short question which arises for consideration is whether in a petition under Section 14 read with Section 25B of the Delhi Rent Control Act, the Rent Controller or the Additional Rent Controller are empowered to grant leave to defend to a tenant limited only to one of the several grounds raised by him in his application for leave to defend. In other words is it permissible to grant limited leave to defend?
(3.) THE facts relevant for disposal of the aforementioned issue as stated in the petition are as under: In the year 2002 the respondent landlord namely, Mahinder Kumar had filed four eviction petitions under Section 14(1)(e) read with Section 25B of the Delhi Rent Control Act, 1958 (hereinafter called the Act) bearing No. E -121/02 to 124/2002 against his four tenants namely late Smt. Bhauri Devi (now deceased) represented by her legal heirs, late Shri Gian Chand (now deceased) represented by his legal heirs, Smt. Nango Devi and Smt. Narayani Devi in respect of various portions in their occupation as tenants in suit property bearing No. 10585, Manakpura, Karol Bagh, New Delhi. All the four tenants named above filed separate applications for leave to defend and thereby contested the bonafide requirement of the respondent the letting purpose and his ownership of the suit premises. They also alleged that he had sufficient alternative accommodation with him for his residence and the residence of his family members.
By an order dated April 21,2003 the Additional Rent Controller dismissed all the four applications and consequently a decree of eviction was passed in favor of the respondent. Aggrieved by the said order of April 21,2003 all the four tenants challenged the same in this Court by preferring Revision Petitions No. 166/03 to 171/03. A learned Single Judge of this Court vide separate orders dated February 11,2004 set aside the order dated April 21,2003 and remanded the cases back for deciding the leave to defend applications filed by the tenants after permitting them to file additional affidavits in the matter. Pursuant thereto the tenants filed additional affidavits to which the respondent filed his counter affidavit. Initially all the four eviction cases filed by the respondent were pending in the court of Shri R.K. Sharma the then Additional Rent Controller. Later two of the cases including the cases filed by the respondent against the petitioners herein were transferred to other courts. The case of Smt. Bhauri Devi (now deceased) was transferred to the court of Shri Sanjeev Aggarwal, whereas the case against the tenant Shri Gian Chand (now deceased) was transferred to the court of Ms. Savita Rao. The cases against the other two tenants Smt. Nango Devi and Smt. Narayani Devi remained in the court of Shri R.K. Sharma.;
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