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Shanti Devi v. Rajesh Kumar Jain

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 9378 of 2014)Decided 9 Oct 2014
Civil Appeal No. 9378 of 2014
Justice T.S. Thakur · Justice R. Banumathi

Background

This order sends the case back; it does not decide the dispute. A Delhi shop tenant faced eviction because the landlords wanted the premises for a business office and display counter. She disputed their genuine need and said they had alternative accommodation. The Rent Controller refused permission to defend the eviction petition, and the High Court upheld that refusal.

Decision Breakdown

This is not a final decision on the dispute. The Supreme Court allowed the appeal and granted conditional leave to defend because there was a fair dispute requiring trial. It did not decide whether the landlords ultimately proved their need or whether eviction should be ordered. The tenant had to file her reply within four weeks and continue paying Rs.3,000 monthly rent by the seventh day of each month until the petition was decided. The Rent Controller was asked to hear both parties and preferably decide the matter within six months of receiving the order.

Lesson Learnt

A tenant who raises a genuine disputed issue may obtain a hearing rather than immediate eviction under the summary procedure. Permission to defend can carry payment conditions and is not a final decision that the tenant can stay.

Official source (sci.gov.in)View Judgment (PDF)

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