Supreme Court of India · 2014-04-16
Dina Nath (D) By Lrs. & Anr vs Subhash Chand Saini & Ors
- Court
- Supreme Court of India
- Petitioner
- Dina Nath (D) By Lrs. & Anr
- Respondent
- Subhash Chand Saini & Ors
- Author
- T.S. Thakur
- Bench
- T.S. Thakur, Jagdish Singh Khehar
Judgment text excerpt
The Supreme Court held that the power to strike out a tenant's defense under Section 15(7) of the Delhi Rent Control Act, 1958 is discretionary and should only be exercised in cases of deliberate or negligent failure to deposit rent. The Court found that such failure was not established in the present case, thus the tenant's defense could not be struck out. The judgment emphasizes the protective intent of rent control legislation aimed at safeguarding tenants from unreasonable landlord demands and evictions.