Vijay Kumar Ahluwalia And Ors vs Bishan Chand Maheshwari And Anr

3) We herein set out the facts, in brief, to appreciate the issue involved in this appeal.

4) One Miri Mal was the owner of the shop situated on the ground floor of property bearing No. 1548/V, Nai Sarak, Delhi-110 006 (hereinafter referred to as “the suit shop”). Miri Mal let out the suit shop to one Ram Prakash in 1944 on monthly rent of ‘Ek Ana’. Miri Mal died in 1974 leaving behind his widow-Smt. Ram Piari, who became the owner/landlady of the suit shop by inheritance. After the death of Miri Lal, Ram Piari started collecting rent from Ram Prakash. Ram Prakash died in 1989 leaving behind his son (appellant herein). Smt. Ram Piari died issueless in 1994.

6) In order to prove his ownership over the suit shop, respondent No.1 filed some documents which included one adoption deed dated 14.03.1978 alleged to have been executed by Smt. Ram Piari.

17) In our considered opinion, the application filed by the appellants under Section 25B(4) of the Act seeking leave to contest the eviction application of respondent No.1 should have been allowed to enable the appellants (tenant) to contest the eviction application on its merits. In other words, keeping in view the grounds raised by the appellants, we are of the opinion that a prima facie case was made out entitling the appellants to contest the application of respondent No.1 on merits. The grounds raised by the appellants, if accepted, could result in dismissal of respondent No.1’s eviction application thereby disentitling him to claim appellants’ eviction from the suit shop.

20) The aforesaid grounds, in our view, were sufficient for granting leave to the appellants to contest the eviction application of respondent No.1 on merits.

21) It is a settled principle of law that while considering the grant of leave to contest the eviction proceedings under the Rent Laws, the Authority/Court is not expected to examine the merits and demerits of the grounds raised in the application for grant of leave to contest and if the Authority/Court finds that the grounds raised prima facie disclose a defence which, if accepted, may result in non-suiting the landlord from claiming eviction, the tenant is entitled to obtain leave to contest the eviction proceedings on merits. In this case, we find that the appellants- tenant have made out such grounds and are, therefore, entitled for grant of leave to contest the eviction proceedings filed by respondent No.1 against them on merits.

22) In the light of foregoing discussion, we are unable to concur with the reasoning and the conclusion arrived at by the Rent Controlling Authority and the High Court.

23) As a result, the appeal succeeds and is accordingly allowed. The impugned judgment and the order passed by the Additional Rent Controlling Authority dated 13.08.2012 in E-167/2011 (Annexure-P-6 of SLP) are set aside. As a consequence thereof, the application filed by the appellants under Section 25B(4) of the Act dated 29.08.2011 (Annexure P-3 of SLP) is allowed. The appellants-tenant are granted leave to contest the application filed by respondent No.1 under Section 14 of the Act on merits.

24) The eviction case filed by respondent No.1 being Case No. E-167/2011 out of which this appeal arises is accordingly restored to its original file before the Additional Rent Controlling Authority for its disposal on merits in accordance with law.

25) The appellants are directed to deposit the entire arrears of rent payable from the date of application filed by respondent No.1 for their eviction and continue to deposit the monthly rent on or before 15th of each month at the rate determined by the High Court till final orders are passed by the Rent Controlling Authority. Failure to deposit the arrears including monthly rent, as directed herein, would result in refusal to contest the eviction proceedings.

26) Let the arrears be deposited within one month. Depending upon the result of the final order, appropriate orders for payment of rent deposited be passed.

27) Before parting with the case, we consider it apposite to mention that we have not expressed any opinion on the merits of the grounds raised by the parties. The Rent Controlling Authority would, therefore, decide the case on merits strictly in accordance with law without being influenced by any of our observations made in this order.

28) Since the matter relates to eviction, we direct the Rent Controlling Authority to decide the same expeditiously.

February 07, 2017