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october 2001

Supreme Court of India · 2001-10-30

J.P. Anand vs D.G. Baffna

Citation / case number
AIR 2002 SUPREME COURT 141
Court
Supreme Court of India
Petitioner
J.P. Anand
Respondent
D.G. Baffna
Bench
Syed Shah Mohammed Quadri, S.N. Phukan

Judgment text excerpt

The Supreme Court examined the interpretation of Section 25B of the Delhi Rent Control Act, 1958, specifically sub-sections (4) and (5), regarding the tenant's right to contest an eviction petition. The Court held that the tenant must disclose facts in their affidavit that would disentitle the landlord from obtaining eviction; failure to do so results in the landlord's claims being deemed admitted. The Court found that the appellant was improperly denied leave to defend the eviction petition, leading to the appeal being allowed and the eviction order set aside.

J.P. Anand vs D.G. Baffna · Niyam