learned ARC
allowed the application of the Respondents for leave to defend. The
summary of the findings of the learned ARC is as under ... held that there existed triable issues and
accordingly granted the Respondents leave to defend.
22. This Court has heard the submissions of Mr. Sanjeev Sindhwani
passed by the learned SCJ-
CUM-RC (South), Delhi dismissing the leave to defend application of the
petitioners herein who were respondent ... grant leave. Maybe in the end the defence may fail. It is
necessary to bear in mind that when leave to defend is refused
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 ... 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
dismissal of the
application filed by the petitioners / tenants for leave to defend the petition
for eviction filed by the respondents / landlords under Section ... 2017 Page 3 of 14
7. The petitioners / tenants sought leave to defend pleading (i) that the
said V.K. Gupta had executed a registered
bonafide need and requirement of the respondents.
6. In the leave to defend application filed by the petitioner, the petitioner
averred that the eviction petition ... grant leave. Maybe in the end
the defence may fail. It is necessary to bear in mind that
when leave to defend is refused
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
owing to the
petitioners having not filed the application for leave to defend
within 15 days from 23rd February, 2012 i.e. by 9th March ... impugned order shows that the
application of the petitioners for leave to defend has not been
considered on merits, relying on Prithipal Singh Vs. Satpal
Appellants had thereafter filed Special Leave Petitions to the Supreme Court against the said orders granting conditional leave to defend the suits brought ... Code in which the Defendant either did not apply for leave or leave to defend was refused to him or having obtained leave
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
