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1 - 5 of 5 (0.63 seconds)Smt. Shanti Sharma & Ors vs Smt. Ved Prabha & Ors on 26 August, 1987
In (1987) 4 SCC 193 Smt. Shanti Sharma & Ors. Vs.
Ved Prabha & Ors the Apex Court had held as follows:
Jiwan Lal vs Gurdial Kaur And Ors. on 3 January, 1995
8 In 1995 RLR 162 Jiwan Lal Vs. Gurdial Kaur & Ors. a Bench of
this Court while dealing with the concept of ownership in a pending
eviction petition under Section 14(1)(e) of the DRCA had noted as
follows:
Precision Steel And Engineering Works ... vs Prem Deva Niranjan Deva Tayal on 7 October, 1982
13 In (1982) 3 SCC 270 Precision Steel & Engineering Works &
another Vs. Prem Devi Niranjan Deva Tayal the Apex Court had noted
that the prayer for leave to contest should be granted to the tenant only
where a prima-facie case has been disclosed by him. In the absence of
the tenant having disclosed a prima-facie case i.e. such facts as to what
disentitles the landlord from obtaining an order of eviction, the Court
should not mechanically and in routine manner grant leave to defend.
14 Unless and until a triable issue has arisen leave to defend cannot
be granted; if this is done the very purpose and import of the Section 25-
B of the DRCA will be given a go by; which was not the intent of the
RCR No.186/2012 Page 8 of 9
legislature.
The Transfer Of Property Act, 1882
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