Search Results Page
Search Results
1 - 9 of 9 (0.52 seconds)Section 25B in The Delhi Rent Control Act, 1958 [Entire Act]
Jiwan Lal vs Gurdial Kaur And Ors. on 3 January, 1995
11 In this context the observations of a Bench of this Court in 1995 RLR
162 Jiwan Lal Vs. Gurdial Kaur & Ors. are relevant:-
M/S. India Umbrella Manufacturing Co. & ... vs Bhagabandei Agarwalla (Dead) By ... on 5 January, 2004
In AIR 2004 SC 1321 M/s India
Umbrella Manufacturing Co. & Ors. vs. Bhagabandei Agarwalla (dead) by
L.Rs. & Ors. it has been held that one of the co-owners can file a suit for
eviction of a tenant in the property owned by co-owners; this principle is
based on the doctrine of agency; one co-owner filing a suit for eviction
against the tenant does so on his own behalf in his own right and also on
behalf of the other co-owner.
S.K. Arora vs S.L. Sarna on 24 September, 1981
15 The judgment of S.K. Arora (supra) does not benefit the petitioner as
the Apex Court has been strict on this procedure.
The Code of Civil Procedure, 1908
Prithipal Singh vs Satpal Singh(D) Th.Lrs on 18 December, 2009
The following observations
of the Apex Court in this context in the judgment of MANU/SC/1920/2009
Prithipal Singh Vs. Stapal Singh (D) Th. Lrs. which had while dealing with
the procedure under Section 25-B of the DRCA and contention of the
petitioner in that case which was that the affidavit filed by him was after a
delay of eight days i.e. beyond the period of 15 days, the Court had made the
following observations which are relevant in the context of the instant
matter.
Jijar Singh vs Mohinder Kaur on 10 July, 1979
5 An application seeking leave to defend has been filed by the tenant. In
this application, it had been stated that there was no relationship of landlord-
tenant between the parties. Orally it has been submitted by the learned
counsel for the petitioner that he had recognised only S. Sajjan Singh as his
landlord and not the present petitioner. His submission is that although a
letter dated 07.10.2013 (letter of attornment sent by the present landlady to
R.C. Rev. No. 290/2016 Page 4 of 12
the tenant) had been sent but the same had not received by him. He had also
disputed the family settlement as also the compromise in the partition suit.
The application seeking leave to defend is in fact an application running into
4- ½ pages but the only triable issue which can be deciphered from this
application (along with the accompanying affidavit) is that the relationship
of landlord-tenant is not recognised by the tenant. On this count, learned
counsel for the petitioner also fairly concedes that in this application seeking
leave to defend, there is probably no other triable issue which has been
raised by him. His additional submission however is that he had also sought
permission of the learned ARC to place on record an additional affidavit but
that was declined without any reason on 18.11.2015. To support his
submission that such an additional affidavit should have been taken on
record, he has placed reliance upon AIR 1982 Delhi 205 S.K. Arora Vs. S.L.
Sarna as also nother judgment of this Court reported in AIR 1979 Delhi 245
Jijar Singh Vs. Smt. Mohinder Kaur.
Syed Mohammed Main Nizami (Deceased) ... vs Qasima Khatoon & Ors. on 29 November, 2011
6 Per contra, learned counsel for the landlady has disputed this
proposition. Submission is that the additional affidavit was rightly declined
on 18.11.2015. It is submitted that if the additional affidavit was taken on
record and new grounds were permitted to be raised by way of an additional
R.C. Rev. No. 290/2016 Page 5 of 12
affidavit, the whole purpose of summary procedure would be defeated and to
support this proposition he has placed reliance upon MANU/DE/6806/2011
Syed Mohammed Main Nizami (deceased) represented by Syed Maanzoor
Nizami and Others Vs. Qasima Khatoon and Others
7 Arguments have been heard. Record has been perused.
1