Leave to Defend

Rent Act Leave to Defend

Delhi Rent Control Act, 1958

If the affidavit filed by the tenant discloses such facts which would disentitle the landlord from obtaining the order of recovery of possession

Affidavit of the tenant is the only relevant document at the stage of granting leave and has to be filed. It was, accordingly, held that the Rent Controller was to give the tenant leave to contest if the affidavit filed by the tenant discloses such facts which would disentitle the landlord from obtaining the order of recovery of possession. It was held that there was a purpose upholding the enactment and the construction adopted must be meaningful and innovative. The legislation was introduced to mitigate the hardship of the landlord who was in bona fide requirement of the premises and therefore, a summary procedure had been provided that the tenant shall have to plead the grounds specifically in the affidavit to the application for leave to contest. The purpose was to prevent taking of frivolous pleadings for protracting the trial and defence of negative character. M/s Precision Steel & Engineering Works v. Prem Deva Niranjan Deva Tayal¹ 1982 (3) SCC 270