GOPAL DASS AND SONS Vs. DINESHWAR NATH KEDAR

JUDGEMENT

(1.) This revision petition under Section 25B (8) of the Delhi Rent Control Act (for short "the Act") is directed against the order of Addl. Rent Controller (ARC) dated 28.02.2011, whereby the leave to defend application filed by the petitioner, was dismissed and an eviction order was passed against it.

(2.) The petitioner is the tenant in respect of one godown on the ground floor in property bearing no.1160, Chhatta Madan Gopal, Maliwara, Chandini Chowk, Delhi-110006 (hereinafter referred to as "the tenanted premises"), which was let out for commercial purpose.

(3.) The law governing consideration of leave to defend application is well settled that at this stage, it is only the averments of the affidavit of the leave to defend application and reply thereto, if any, which are to be considered. If the averments in the affidavit disclose such facts which would ultimately disentitle the landlord from recovering possession, that by itself, makes obligatory upon the Controller to grant leave to defend to the tenant. It is also trite that at the stage of consideration of leave to defend application, the tenant is only required to make a prima facie case and not to make out a strong case. The leave to defend application cannot be refused where the eviction petition is filed without bona fide requirement. If the tenant is able to raise the triable issue, he would be entitled to grant of leave to defend by the Controller. This is primarily because the rival contentions, cannot be decided by way of affidavits only and require reliable material for proof.