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april 2014

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.

Dina Nath (D) By Lrs. & Anr vs Subhash Chand Saini & Ors · Niyam