IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.2009 OF 2009 (Arising out of S.L.P. (C) No.30155 OF 2008)

Sita Ram      ..Appellant(s)

Versus

Malwinder Kaur      ...Respondent(s)

O  R  D  E  R

Leave granted.

By an order dated 28.3.2007, the Rent Controller dismissed the application

filed by the appellant under Section 18 of the East Punjab Urban Rent Restriction

Act, 1949 (for short, ‘the Act’) for grant of leave to contest the petition filed by the

respondent  under  Section  13-B  of  the  Act  and  directed  him  to  handover  vacant

possession of the demised premises within one month.  The appellant challenged that

order in civil revision but could not persuade the High Court to set aside the order of

the Rent Controller.  While doing so, the High Court simply reiterated the reasons

recorded by the Rent Controller.   

We have heard learned counsel for the parties and perused the record.  In

our view, the ground set out by the appellant in the application for grant of leave

merited acceptance and the Rent Controller and High Court committed serious error

by declining to entertain the same.  As a corollary, it must be held that the order of

eviction passed by the Rent Controller is legally unsustainable.

....2/-

- 2 -

Accordingly, the appeal is allowed, impugned orders are set aside and the

appellant is granted leave to contest the suit. He shall file written statement within six

weeks from today. Thereafter, the Rent Controller shall decide the petition filed by

the respondent on merits.

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

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

New Delhi, March 30, 2009.