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
against the order dated
4.4.2012 of the learned ARC, whereby the leave to defend application
filed by the respondents in the eviction petition filed against ... 2012 Page 2 of 10
3. In the leave to defend application, the respondents raised various
issues disputing the bona fide requirement of the tenanted
sought of the order
dated 31.10.2011, whereby the petitioner's leave to defend application
was dismissed and consequent thereto, an eviction order was passed ... entire record.
5. The principles requiring considerations for grant of leave to
defend application in the eviction petition have been laid down
allowed the application filed by
the respondent for leave to defend the eviction petition.
2. Briefly stating the facts, the petitioner herein is the landlord ... also it was near to his residential place.
3. In the leave to defend application filed by the respondent, it was
contended before
2009, whereby the application of the petitioner seeking leave to
defend was dismissed and eviction order under Section ... time of disposal of the
application for leave to defend. Leave to defend must not be granted
on mere asking, but it is equally improper
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
order dated 17.09.2011 of
Addl. Rent Controller (ARC) whereby the leave to defend application
filed by the petitioner/tenant in the eviction petition filed against ... residential or commercial purpose.
3. The petitioner/tenant had sought leave to defend alleging various
grounds. He disputed the respondent to be the owner/landlord
whereby he dismissed the
application of the petitioner seeking leave to defend the eviction
petition filed against him.
2. The respondent filed the present eviction ... suit premises.
4. Upon receiving summons, the petitioner herein filed leave to
defend application along with affidavit contending that respondent
is not the owner
that there were several triable issues which
merit the grant of leave to defend. Rejecting the contentions, the ld. ARC
opined that the petitioner failed ... established by the petitioner, which would merit the grant
of leave to defend application. It has been submitted that in case of ample
proof
order of Addl.
Rent Controller (ARC) dated 28.02.2011, whereby the leave to defend
application filed by the petitioner, was dismissed and an eviction order ... suitable to carry on the said business.
The petitioner filed leave to defend application, wherein he brought
forth certain issues. The learned ARC dismissed
