IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.7256 OF 2008 (Arising out of S.L.P. (C) No.10527 of 2008)

Hari Ram Sharma        ...Appellant(s)

Versus

Naraini Devi Sharma       ...Respondent(s)

O  R  D  E  R

Leave granted.

Heard learned counsel for the parties. The  Additional  Rent  Controller,  by  its  order  dated  6th October,  2007,  

passed in E-463/07/05, has refused to grant leave to the tenant to contest the claim for  ejectment and passed order of eviction.  The said order has been confirmed by the  

High Court in a writ petition.  Hence, this appeal by special leave. From a bare perusal of the petition for grant of leave to contest, it would  

appear that the Additional Rent Controller was not justified in refusing to grant leave  and passing the order of eviction.

Accordingly,  the  appeal  is  allowed,  impugned  orders  are  set  aside  and  leave to contest the claim for ejectment is granted.  The tenant is granted two months'  

time to file show cause in the eviction proceeding.  As the proceeding was initiated in  the year 2005, the Rent Controller is directed to dispose of the same within six months  

from the  date  of  filing  of  written statement  after  giving  opportunity  of  adducing  evidence to the parties in accordance with law.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, December 12, 2008.