NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.3405 OF 2009 (Arising out of SLP (C) No. 12441 of 2008)

Ramesh Kumar Aggarwal                                                    ……….Appellant

Versus

Rani Ravindran and Ors.                                                    ……..Respondents

JUDGMENT

H.L. Dattu,J.  

1)   Leave granted.

2)   Tenant’s  appeal,  inter-alia  challenging  the  judgment  and  the  order  

passed by the High Court in RCR No.18 of 2008 dated 29.02.2008, wherein  

the Court has rejected the revision petition and confirmed the order passed  

by the Additional Rent Controller, Delhi in Case   No.    E-17/05 dated  

20.11.2007, rejecting the tenant’s application seeking leave to defend the  

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eviction  petition  and  has  passed  an  order  of  eviction  against  the  

tenant/appellant.

3)   The respondent herein who claims to be the landlord of the premises has  

filed  eviction  petition  against  the  appellant/tenant  on  several  grounds,  

including for her bonafide use and occupation before Addl. Rent Controller,  

Delhi.   After  receipt  of  summons  from  the  said  authority,  the  

appellant/tenant had  filed an application seeking leave to defend.  The said  

application is rejected by the Addl. Rent Controller and the said order is  

confirmed by the High Court while rejecting the revision petition filed by  

the tenant.  That  is how the tenant is before us in this appeal.

4)   We have heard the learned counsel for the parties to the lis and we have  

also perused the application filed by the tenant seeking leave to defend in  

the eviction petition filed by the landlord.  In our opinion, the Addl. Rent  

Controller ought not to have rejected  the application, since in our opinion,  

the tenant has framed and formulated several triable issues which requires  

to be considered at the time of trial.    Therefore,  in our view, the High  

Court was not justified in rejecting the revision petition filed against the  

order passed by the Addl. Rent Controller, Delhi.

5)   In the result,  we allow this appeal and set aside the impugned order  

passed by the High Court  and the Addl.  Rent  Controller,  Delhi  in Case  

No.E-17/05 dated 20.11.2007 and direct the Rent Controller to grant leave  

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to the tenant to defend and decide the case on merits in accordance with  

law.  Since the matter is pending for the last four years, we direct the Addl.  

Rent Controller, Delhi to dispose of the eviction petition as expeditiously as  

possible and at any rate within six months from the date of receipt of copy  

of this Court’s order, without being influenced by any observations made by  

the High Court while disposing of R.C.R. No.18 of 2008 dated 29.02.2008.  

No order as to costs.

                                                                                     …………………………………J.                                                                                        [TARUN CHATTERJEE]

                                                                                     …………………………………J.                                                                                        [ H.L. DATTU ]

New Delhi, May 08, 2009.

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