VidhiSangh

Supreme Court of India · 24/09/2019

DINA NATH (D) BY LRS & ANR. versus SUBHASH CHAND SAINI & ORS.

[2019] 12 S.C.R. 255 · 2019 INSC 1074

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Summary

Tenants challenged striking out of their defence for alleged non-payment of rent. The Court held that the power was discretionary and exceptional, requiring attention to the actual payment history. Arrears had been paid along with substantial advance rent that ought to have been adjusted against future liability. With no established deliberate or contumacious default, the defence was restored and prompt adjudication of eviction on merits directed.

Issues

  1. Whether the discretionary power to strike out the tenants’ defence was properly exercised.
  2. Whether unadjusted advance rent defeated the allegation of default.

Provisions considered

Held

Result

The appeal was allowed without costs. The High Court judgment and the Controller/Tribunal orders striking out the defence were set aside. The Controller or competent authority was directed to decide the eviction application expeditiously on merits, within one year. Pending applications were disposed of.

Judgment PDF: Supreme Court of India, [2019] 12 S.C.R. 255.