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 Contr ol Act, 1958: s. 15(7) – Power of the Rent Contr oller to strike out defence of the tenant, pending eviction petition – Natur e of – Held: Power vested u/s. 15(7) is discr etionary 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 landlor d – Power u/s. 15(7) being an exception, is to be exer cised with due car e and circumspection – On facts, on the date of the or der passed by the Rent Controller itself, the entir e ar rears as dir ected to be deposited by
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