ASHOK RANI Vs. KEWAL ARORA

JUDGEMENT

(1.) By way of this petition, brought under proviso to Sec. 25B(8) of the Delhi Rent Control Act, the landlord has assailed order passed by the learned Rent Controller, South-West District, New Delhi, whereby the respondent/tenant was granted leave to contest the eviction proceedings under Sec. 14(1)(e) of the Act. On service of notice, the respondent entered appearance through counsel. I heard learned counsel for both sides.

(2.) Briefly stated, circumstances relevant for present purposes are as follows.

(3.) During arguments, learned counsel for petitioner contended that the impugned order is not sustainable in the eyes of law as no triable issue has been raised by the respondent. It was pointed out by learned counsel for petitioner that despite the respondent's clear admission of landlord tenant relationship between the parties, the learned Rent Controller held that it was a triable issue. Learned counsel for petitioner placed reliance on judgment of coordinate benches of this court in the cases of Surender Singh vs Narender Kumar, 2018 SCC OnLine Del 6871 and Vinod Kumar Aggarwal vs Ritu, 2016 SCC OnLine Del 5720 and of the Supreme Court in the case of Abid-ul-Islam vs Inder Sain Dua, (2022) 6 SCC 30.