VidhiSangh

Supreme Court of India · 07/04/2022

ABID-UL-ISLAM versus INDER SAIN DUA

[2022] 2 S.C.R. 1016 · 2022 INSC 402

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A landlord challenged the High Court’s grant of leave to defend after the Rent Controller had rejected the tenant’s objections to title, bona fide need and alternative accommodation. The Court held that revision under Section 25B(8) was supervisory and could not become an appellate rehearing. Vague allegations about other properties, without material showing reasonably suitable accommodation, raised no triable issue here. The Controller’s order was restored; separate enemy-property proceedings were not adjudicated.

Issues

  1. What limits govern High Court revision under the proviso to Section 25B(8).
  2. What material is needed to raise a triable issue concerning bona fide requirement and suitable alternative accommodation.

Provisions considered

Held

Result

Appeal allowed without costs; the High Court’s order was set aside and the Rent Controller’s order restored. No opinion was expressed on the separate later enemy-property proceedings.

Judgment PDF: Supreme Court of India, [2022] 2 S.C.R. 1016.