SANTOSH MEHTA vs OM PRAKASH AND ANR.

The Supreme Court held that the correct provision applicable for striking out a tenant's defense is Section 38 and not Section 25B of the Delhi Rent Control Act, 1958. The Court emphasized that Section 15(7) provides discretionary power to the Rent Controller, which should not be exercised automatically upon failure to pay rent. It clarified that the provisions of Section 15(7) are directory, allowing the Controller to consider the circumstances before imposing such a drastic measure. The appeal was allowed, reinstating the tenant's defense.