only leave is granted that a landlord
would be disentitled for an order of eviction. At the stage of granting
leave to defend parties rely ... statute itself to grant leave....."
10. It is necessary to bear in mind that when leave to defend is refused, the
party seeking leave
only leave
is granted that a landlord would be disentitled for an order of
eviction. At the stage of granting leave to defend, parties rely ... grant leave. At the stage of granting leave
the real test should be whether facts disclosed in the affidavit
filed seeking leave to defend prima
weigh with the Court for granting conditional or unconditional leave or refusing leave to defend the suit are wholly unconnected with the Plaintiff ... exercise of the discretion to grant conditional leave or refuse leave to defend the suit, the discretion is to be moulded only by the nature
plaintiff is not entitled to leave to sign
judgment and the defendant is entitled to unconditional leave to
defend.
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(b) If the defendant raises ... approach to proceed as if denying the
leave is the rule or that the leave to defend is to be granted only in
exceptional cases
plaintiff is not
entitled to leave to sign judgment and the defendant is
entitled to unconditional leave to defend.
b) If the defendant raised ... Court was not obliged to grant leave to defend to other
defendants merely because leave to defend is granted to one of the
defendants
only leave is granted that a landlord would be disentitled for an order of eviction. At the stage of granting leave to defend parties rely ... leave. At the stage of g ranting leave the real test should be whether facts disclosed in the affidavit filed seeing leave to defend prima
provisions unless he obtains leave from the Controller to
contest the eviction petition. In default of obtaining leave to defend or leave
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is refused ... grant leave. At the stage of granting leave the real test should be
whether facts disclosed in the affidavit filed seeking leave to defend prima
referred to as
the „tenant‟) had been decreed; the application seeking leave to defend
RCR No.406/2011 Page 1 of 12
had been dismissed ... delay of one day in filing the application for leave to defend and the
Rent Controller has no power to condone the delay; the application
tenant against the order
declining his request to grant leave to defend and allowing eviction passed
in a petition filed on 11.04.2011.
The present case ... were raised. The petitions have been filed
to challenge orders refusing leave to defend and also ordering eviction.
One argument which is common
suit seeking condensation of delay of re-filing the application for leave to defend has been dismissed and consequently the application for leave to defend ... days in filing leave application was condoned. Therefore, we proceed with the assumption that filing of application for leave to defend on 19th August
