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C.D. Korpal Vs. Capt. A.K. Madan and ors. - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal No. 200 of 1982
Judge
Reported inAIR1982SC1455; (1982)3SCC375
AppellantC.D. Korpal
RespondentCapt. A.K. Madan and ors.
Excerpt:
.....a delegate is bound to act within the four corners of the delegation and not beyond the same. current cost has been calculated upon computing 20% over and above the actual cost. a provision for surcharge had also been made in terms whereof a premium of 2% over the disposals cost was worked out on current cost for the sfs floats in south delhi. imposition of surcharge is subject to the condition the real value in the market of dda flats would be much more than it had been charging as per the cost formula. parameters of computation of disposal price have been laid down. the authority having itself adopted a formula for computing the disposal cost, the same was binding upon the delegates. a delegate cannot take any action contrary to or inconsistent with the factors laid down for..........court rejecting a revision application preferred by the appellant against the order of the addl. rent controller, delhi refusing to grant leave to the appellant to defend a suit for eviction filed against him by the respondents. the respondents claimed eviction of the appellant on the ground of bona fide personal requirement. the appellant was refused leave to defend the suit for eviction even though the ground on which the eviction was sought was bona fide personal requirement and this ground was disputed by the appellant. we are of the view that this is a fit case in which leave to defend should have been granted by the addl. rent controller and an opportunity should have been afforded to the appellant to defend the suit. we accordingly allow the appeal, set aside the order passed by.....
Judgment:

P.N. Bhagwati, J.

1. Special leave granted.

2. This is an appeal by special leave directed against an order dated 3-8-1981 passed by the Delhi High Court rejecting a revision application preferred by the appellant against the order of the Addl. Rent Controller, Delhi refusing to grant leave to the appellant to defend a suit for eviction filed against him by the respondents. The respondents claimed eviction of the appellant on the ground of bona fide personal requirement. The appellant was refused leave to defend the suit for eviction even though the ground on which the eviction was sought was bona fide personal requirement and this ground was disputed by the appellant. We are of the view that this is a fit case in which leave to defend should have been granted by the Addl. Rent Controller and an opportunity should have been afforded to the appellant to defend the suit. We accordingly allow the appeal, set aside the order passed by the High Court as also the order made by the Addl. Rent Controller and grant leave to the appellant to defend the suit. The appellant and the respondents will appear before the Addl. Rent Controller on Jan. 25, 1982 for taking appropriate directions from him in regard to the hearing of the suit. The appellant is directed to file his written statement peremptorily; on or before 28th Jan. 1982 and in no case will he be granted time for filing She written statement beyond the period allowed by us and if the appellant does not file the written statement on or before 28th Jan. 1982, the Addl. Rent Controller may proceed ex parte against the appellant. There will be discovery and inspection within one week after the filing of the written statement. The Addl. Rent Controller will lake up the suit for hearing and final disposal not later than 15th Feb. 1982 and will proceed with the hearing of the suit from day to day as far as possible and will dispose of the suit by judgment or compromise, as the ease may be, not later than 21st Mar 1982. The directions given by us are peremptory directions and they shall be carried out strictly and faithfully. There will be no order as to Costs in this appeal.


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