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Supreme Court of India 2022-04-07 allowed

Abid-Ul-Islam vs Inder Sain Dua

Bench: 2 — M.M. Sundresh

In Brief

This Delhi rent control case examines the limited revisional power of the High Court under Section 25B(8) of the Delhi Rent Control Act, 1958. A landlord sought eviction of a tenant under the bona fide requirement ground. The Rent Controller dismissed the tenant's application for leave to defend, finding the landlord's requirement genuine and the tenant's alternative-accommodation claims vague. The High Court reversed this, treating the matter as an appeal. The Supreme Court held that the High Court's revisional jurisdiction is strictly supervisory—limited to ensuring legality, not reassessing evidence. The Court restored the Rent Controller's order, reaffirming that mere assertions or vague allegations cannot raise triable issues, and the landlord's possession of distant properties does not bar eviction where bona fide requirement is established.

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Landlord and Tenant Law Rent Control Eviction Bona Fide Requirement High Court Jurisdiction - Revisional Power Civil Procedure Burden of Proof

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