Case Note & Summary
The case involved a dispute between a tenant and landlord regarding the non-payment of rent for a commercial premises in Karol Bagh, New Delhi. The tenant, M/s. Aero Traders Pvt. Ltd., was renting the premises at a nominal rate of Rs.30 per month. The landlord, Ravinder Kumar Suri, filed for eviction under Section 14(1)(a) of the Delhi Rent Control Act, 1958, citing arrears of rent. The Rent Controller ordered the tenant to pay the arrears and future rent, but the landlord later applied to strike off the tenant's defence due to non-compliance. The tenant claimed to have sent cheques for the rent, but the landlord disputed this, and the Rent Controller found that the tenant had not complied with the order. The Rent Control Tribunal initially modified the Rent Controller's order but was later challenged by the landlord in the Delhi High Court, which restored the original order. The Supreme Court examined the discretionary power of the Rent Controller and found that the tenant had not provided sufficient grounds for the exercise of discretion in his favour. The court noted that the tenant's claims were unsubstantiated and that he had failed to pay even the minimal rent over an extended period. Consequently, the Supreme Court dismissed the appeals with costs quantified at Rs.10,000.
Headnote
A) Rent Control - Striking off Defence - Discretionary Power - Delhi Rent Control Act, 1958, Section 15(7) - The court held that the Rent Controller's discretion to strike off the defence should not be exercised mechanically and requires consideration of the facts. In this case, the appellant failed to establish compliance with rent payment orders and set up a false plea regarding payment, justifying the High Court's restoration of the Rent Controller's order (Paras 5-8).
Issue of Consideration
Whether the appellant made out any ground for exercising discretion in his favour of not striking out his defence.
Final Decision
The Supreme Court dismissed the appeals with costs quantified at Rs.10,000, affirming the High Court's decision to restore the Rent Controller's order due to the appellant's failure to comply with rent payment orders.
Law Points
- Discretionary power of Rent Controller
- compliance with rent payment orders
- striking off defence
- judicial discretion
