"However, the learned Counsel for the petitioners sought
to rely upon two decisions of this court in Santosh Devi
Soni Vs Chand Kiran, J.T 2000 (3) SC 397, and Liaq
Ahmad ORS Vs Shri Habeeb Ur Rehman, JT 2000 (5)
SC 611. Neither of these two decisions set down any
principle of law so as to call for interference by us. In
these two cases on the facts arising in the case certain
orders have been passed by this court."
"However, the learned Counsel for the petitioners sought
to rely upon two decisions of this court in Santosh Devi
Soni Vs Chand Kiran, J.T 2000 (3) SC 397, and Liaq
Ahmad ORS Vs Shri Habeeb Ur Rehman, JT 2000 (5)
SC 611. Neither of these two decisions set down any
principle of law so as to call for interference by us. In
these two cases on the facts arising in the case certain
orders have been passed by this court."
ARC No. 25911/16 Anoop Sharma Vs Shyam Lal Sharma 17 /27
"However, the learned Counsel for the petitioners sought
to rely upon two decisions of this court in Santosh Devi
Soni Vs Chand Kiran, J.T 2000 (3) SC 397, and Liaq
Ahmad ORS Vs Shri Habeeb Ur Rehman, JT 2000 (5)
SC 611. Neither of these two decisions set down any
principle of law so as to call for interference by us. In
these two cases on the facts arising in the case certain
orders have been passed by this court."
"However, the learned Counsel for the petitioners sought
to rely upon two decisions of this court in Santosh Devi
Soni Vs Chand Kiran, J.T 2000 (3) SC 397, and Liaq
Ahmad ORS Vs Shri Habeeb Ur Rehman, JT 2000 (5)
SC 611. Neither of these two decisions set down any
principle of law so as to call for interference by us. In
these two cases on the facts arising in the case certain
orders have been passed by this court."
"However, the learned Counsel for the petitioners
sought to rely upon two decisions of this court in
Santosh Devi Soni Vs Chand Kiran, J.T 2000 (3)
SC 397, and Liaq Ahmad ORS Vs Shri Habeeb Ur
Rehman, JT 2000 (5) SC 611. Neither of these two
decisions set down any principle of law so as to call
for interference by us. In these two cases on the
facts arising in the case certain orders have been
passed by this court."
11. Though learned counsel for the petitioner relied upon Liaq Ahmed
and Others vs Habeeb-Ur-Rehman (2000) 5 SCC 708 as well as Vijay
Kumar Ahbluwalia & Others vs Bishan Chand Maheshwari & Another
2017(2)CLJ 254 SC to say an enquiry envisaged is a summary enquiry to
prima facie find out existence of any reasonable ground in favour of the
tenant and such facts as would disentitle the landlord from obtaining the
order for recovery of possession then the tenant shall be entitled to leave
to contest and that the law envisages discovery of facts and not prove of
facts and though there is no disagreement with the proposition of law laid
down above, but the learned Trial Court after going through the facts of
the case has rightly held merely by giving phone numbers of some
addresses in Yellow Pages or Just Dial Services would not suffice unless
is supported by some other fact viz the extent of accommodation
available to the respondent No.1 in the said property and on which floor
etc.
In the case of Liaq Ahmed and Ors. Vs Habeeb-Ur-Rehman (2000) 5
SCC 708, the Hon'ble Supreme Court held that the rent control legislations
seek to strike a balance between the rights of the landlord and requirements
of the tenant. It was held that the purpose of the legislation should not be
nullified by giving hyper technical or liberal construction to the language of the
statute which instead of advancing the object of the Act may result in its
frustration. It was observed that Rent Acts have primarily been enacted to give
protection to the tenants and with paramount object of essentially
safeguarding their interest and their benefit. It was held that a rational
approach should be followed in interpreting the law relating to control of
Eviction petition No.08/15 (New No. 79506/16) Page 20 of 23 21
tenants.
In the case of Liaq Ahmed and Ors. Vs Habeeb-Ur-Rehman (2000) 5
SCC 708, the Hon'ble Supreme Court held that the rent control legislations
Eviction petition No.893/14 (New No. 78568/16) Page 14 of 16 15
seek to strike a balance between the rights of the landlord and requirements
of the tenant. It was held that the purpose of the legislation should not be
nullified by giving hyper technical or liberal construction to the language of the
statute which instead of advancing the object of the Act may result in its
frustration. It was observed that Rent Acts have primarily been enacted to give
protection to the tenants and with paramount object of essentially
safeguarding their interest and their benefit. It was held that a rational
approach should be followed in interpreting the law relating to control of
tenants.
ARC No. 25583/16 Kamlesh Madan (since deceased) Vs Sh. Noria Mal Ram Kumar
16
"However, the learned Counsel for the petitioners
sought to rely upon two decisions of this court in
Santosh Devi Soni Vs Chand Kiran, J.T 2000 (3)
SC 397, and Liaq Ahmad ORS Vs Shri Habeeb Ur
Rehman, JT 2000 (5) SC 611. Neither of these two
decisions set down any principle of law so as to call
for interference by us. In these two cases on the
facts arising in the case certain orders have been
passed by this court."