OM PARKASH GUPTA Vs. RAM NATH GUPTA

JUDGEMENT

(1.) This revision is preferred under the proviso to sub-section (8) of section 25B of the Delhi Rent Control Act, 1958 as amended in 1976. The power of this Court is to be exercised within the ambit of the said provision which is as below :

(2.) The respondent landlord made an application under section 14A(1) for the eviction of the petitioner tenant. According to the procedure for the disposal of such application laid down in section 25B, the tenant filed an affidavit under sub-section (4) of section 25B to obtain the leave of the Controller to contest the said application of the landlord. Sub-section (5) which governs the discretion of the Controller in granting such leave is as follows .

(3.) The leave to defend was sought by the tenant on curtain grounds which were negatived by the Controller in refusing to grant the leave to defend. The Controller ordered the tenant to deliver possession of the premises of the landlord occupied by him to the landlord under section 14A(1). Hence the present revision by the tenant against the order of the Controller.