Supreme Court of India
Dina Nath (d) by Lrs & Anr. v. Subhash Chand Saini & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
For the aforesaid reasons, the impugned judgment is unsustainable and deserves to be set aside.
Judgment, page 15
From the headnote
Delhi Rent Control Act, 1958: s. 15(7) – Power of the Rent Controller to strike out defence of the tenant, pending eviction petition – Nature of – Held: Power vested u/s. 15(7) is discretionary and not mandatory – It depends on contumacious or deliberate default and must be construed harmoniously so as to balance the rights and obligations of the tenant and the landlord – Power u/s. 15(7) being an exception, is to be exercised with due care and circumspection – On facts, on the date of the order passed by the Rent Controller itself, the entire arrears as directed to be deposited by the…
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