circumstances I am of the view that the Defendant has raised
triable issues which require adjudication on further evidence at the time
of final disposal ... open to the court, even if it thinks that a triable issue is made
out, to secure the plaintiff in monetary terms as a condition
deciding the main eviction petition after trial; (3)
several triable issues did arise for consideration in the
light of the facts stated and rival contentions ... entitle a tenant to leave
to defend but when a triable issue is raised a duty is
placed on the Rent Controller by the statute
defence disclosed by the appellants in their affidavit raises a triable issue and that, therefore, it was incumbent upon the learned trial Judge to grant ... Commercial Subordinate Judge, Delhi, had held that the defence raised a triable issue but that defence was vague and was not bona fide because
refuted this fact. Therefore, the
respondent has raised a triable issue that
the petitioner is having sufficient
accommodation and the alleged need ... been denied by
the petitioner. Therefore, the respondent
has raised a triable issue that whether the
petitioner requires the tenanted premises
bonafidely
question the need of the landlord and it raises a triable issue.
5. Likewise, Mr. Sengh relied upon the judgment passed by another
learned single ... challenges raised by the
petitioner and argued that no triable issue has been raised by the petitioner
and thus the leave to defend was rightly
impugned order held that there existed triable issues and
accordingly granted the Respondents leave to defend.
22. This Court has heard the submissions ... which
has also been acted upon, cannot possibly raise a triable issue. He
submits that as long as the Respondent/tenants have accepted that
Petitioners
leave to defend ought to have granted as there exists a triable
issue as to whether the eviction order if at all passed from ... tenants under him and for the same, there exists a triable issue as the
summary procedure as envisaged under the provisions of Section
eviction petition.
3. In the application for leave to defend, the triable issues have
been sought to be raised. Contention of the tenant is that ... Market, New Delhi is also
available to the landlord. The second triable issue raised by the
petitioner is that the petition has not been filed
record, the
ARC passed the impugned order, observing that no triable issue was made
out by the petitioner and the respondent was able to establish ... submitted before this Court that
the petitioner had raised several triable issues in their leave to defend
application but the ARC had exceeded his limited
entitle a tenant to leave to defend but when a
triable issue is raised a duty is placed on the Rent Controller by
the statute ... such a prima facie case raising such pleas that
a triable issue would emerge and that in our opinion
should be sufficient to grant leave
