Rent Controller's Power To Strike Out Defence Of Tenant On Failure To Pay Rent Is Discretionary: SC [Read Judgment]

Ashok Kini

24 Sept 2019 8:43 PM IST

  • Rent Controllers Power To Strike Out Defence Of Tenant On Failure To Pay Rent Is Discretionary: SC [Read Judgment]

    "It is only a wilful failure or deliberate default or volitional of non-performance that can call for the exercise of the extraordinary power."

    The Supreme Court has held that the power to strike out the defence vested in the Rent Controller under Section 15(7) of the Delhi Rent Control Act, 1958 is discretionary and not mandatory. Mere failure to pay rent on the part of the tenant is not enough to justify an order striking out the defence and it is only a wilful failure or deliberate default or volitional of...

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