Leave to Defend U/Sec 25B Delhi Rent Control Act Cannot Be Granted to Tenant on Mere Asking
Case: Abid Ul Islam vs Inder Sain Dua
Coram: Justices Sanjay Kishan Kaul and MM Sundresh
Case No.: CA 9444 OF 2016
Court Observation: The High Court is not expected to substitute and supplant its views with that of the trial Court by exercising the appellate jurisdiction. Its role is to satisfy itself on the process adopted. The scope of interference by the High Court is very restrictive and except in cases where there is an error apparent on the face of the record, which would only mean that in the absence of any adjudication per se, the High Court should not venture to disturb such a decision. There is no need for holding a roving inquiry in such matters which would otherwise amount to converting the power of superintendence into that of a regular first appeal, an act, totally forbidden by the legislature.
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Keywords
Leave to Defend, Delhi Rent Control Act
