Delhi Rent Control Act 1958

22nd Jan, 2019

If a party enters premise as a tenant, in the absence of relevant documents, he cannot claim ownership

In a recent judgment, the High Court at New Delhi, held that the landlord is the best judge of his requirement for residential or business purpose and  has complete freedom in the matter. The said […]
31st Oct, 2018

Upon the tenant denying the ownership of the landlord over tenanted premises, the tenancy comes to an end

The Delhi High Court held that when a tenant denies the title of the landlord and the tenancy, the suit filed for recovery of possession is not on the basis of the relationship of landlord […]
30th Aug, 2018

Until ground seeking eviction in terms of the concerned Rent Act is not made out, no eviction of a tenant can be ordered, even if the parties had entered into a compromise

The Apex court has held that eviction of a tenant, protected by a Rent Control Act of a state, may be ordered only when a valid ground for eviction under the said act is made […]
9th Apr, 2018

Appellate Court must discuss Pleadings and Evidence in its Judgment.

In a recent judgment, the Delhi High Court, under its power of superintendence under Article 227 of the Constitution of India, 1949, ruled that it is mandatory upon the appellate Court to independently weigh the […]
12th Feb, 2018

Leave to defend must disclose facts which would disentitle the landlord from obtaining an order of eviction for bona fide need

The Hon’ble High Court of Delhi in the case titled Kailash Kumari Vs Shakuntala RC.REV. 6/2017 decided on 02.02.2018 held that in the application for leave to defend the tenant must set out the precise […]
31st Jul, 2017

Eviction only when property sublet without the permission of the landlord.

The Supreme Court in the matter Bhairon Sahai (D) vs. Bishamber Dayal (D) decided on 18th July, 2017, while dealing with a petition under Section 14(1)(b) of Delhi Rent Control Act 1958 has held that […]
31st Jul, 2014

A tenant cannot be permitted to become the cause for denial of familial pleasures of the landlord #indianlaws

The term bona fide or genuinely refers to a state of mind. Requirement is not a mere desire. The degree of intensity contemplated by “requires” is much higher than in mere desire
1st Jan, 2014

Grant of leave to defend under Delhi Rent Control Act, 1958

Principles of grant of leave to defend in summary procedure proceedings of DRCA