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Narain Singh Bist vs. Rama Bhatia & Ors

Rent Control Revision · 2026:DHC:7689Decided 9 Sept 2026New Delhi Bench
RC.REV. 93/2019CNR: DLHC010110152019
Justice Harish Vaidyanathan Shankar

Background

The landlord (petitioner) sought eviction of his tenants under Section 14(1)(e) read with Section 25-B of the Delhi Rent Control Act, 1958, needing the tenanted shop for his own commercial use. The Rent Controller had granted the tenants "leave to defend" the eviction petition, reasoning that the landlord's claim was really one of seeking "additional accommodation" (since he already had an adjacent shop), which is a triable issue requiring evidence. The landlord challenged this, contending that the "additional accommodation" plea was never actually raised by the tenants in their pleadings.

Decision Breakdown

The High Court, exercising its limited revisional jurisdiction under the proviso to Section 25B(8) of the Act, found that the Rent Controller's entire reasoning was built on a premise, that this was a case of "additional accommodation", that was never pleaded by the tenants in their application, affidavit, or rejoinder. The tenants' counsel candidly admitted this plea was only argued orally, not pleaded formally. The Court held that a triable issue cannot be manufactured on an unpleaded foundation, and this error went to the root of the decision-making process, warranting revisional interference. The Impugned Order was set aside and the matter remanded to the Rent Controller for fresh consideration based only on the actual pleadings, with a request to dispose of it within six months given the case's decade-long pendency.

Lesson Learnt

In eviction proceedings, a tenant's "leave to defend" must rest on grounds actually pleaded in the application and supporting affidavit: a court cannot invent or import an unpleaded defense (like "additional accommodation") to justify sending the matter to trial.

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