plaintiff is not entitled to
leave to sign judgment and the defendant is
entitled to unconditional leave to defend.
(b) If the Defendant raises ... Plaintiff is entitled to leave to sign
judgment and the Defendant is not entitled
to leave to defend.
(e) If the defendant has no defence
thereby granted to the respondents leave-to-defend the eviction
petition filed by the petitioner.
Petitioner's contentions :
2. A conspectus of the case ... that only some of the tenants in the subject
premises filed leave-to-defend applications while others did not. The
principal ground for claiming leave
over Rs.40 crores towards interest.
Simultaneously with its application for leave to defend, the
N.S. Kamble/sg page 1 of 16
::: Uploaded ... filed before the Commercial Division, the Defendant's
application for leave to defend must be considered as its first
statement of defence. Learned Counsel
dismissal of the application filed by the petitioner / tenant for
leave to defend the petition for eviction under Section ... have any other reasonable / suitable
accommodation.
4. The petitioner / tenant sought leave to defend pleading (i) that the
"earlier landlord Girwar Singh" never
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
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
plaintiff is not entitled to leave to sign judgment and defendant is entitled to unconditional leave to defend.
(b) If the defendant raises a triable ... plaintiff is entitled to leave to sign judgment and the defendant is not entitled to leave to defend.
(e) If the defendant has no defence
dismissed an application filed by the
petitioner/tenant to amend the leave to defend application.
2. At the outset, I would like to observe that ... that the statutory period of 15 days for filing of the leave to
defend application is inflexible and condonation of even
nature. However, the grant of leave
or unconditional leave is not a matter of right. In a leave to
defend application, the defendant ... illusory or practically moonshine, the defendant is not entitled
to leave defend. (e) If the defendant has no defence or the
defence is illusory
learned ARC has dismissed the application of the petitioner seeking leave to defend holding that no friable issue has been raised, and has passed ... aspect of grant of leave, the real test should be whether the facts disclosed in the affidavit seeking leave to defend, prima facie, show that
