SHIV CHANDER KAPOOR vs AMAR BOSE

The Supreme Court held that under Section 21 of the Delhi Rent Control Act, the validity of the Controller's permission to create a limited tenancy is presumed unless declared otherwise. The Court emphasized that it is the tenant's duty to raise pleas of invalidity, and unless such a declaration is made, the order remains enforceable. The Court found that the limited tenancy was valid as it was based on a foreseeable future event, thus allowing the landlord's appeal against the Rent Controller's decision which had deemed the tenancy invalid due to alleged fraud and misrepresentation.