Facts of the Case

Ashok Kumar (tenant) filed a revision petition under Section 25-B(8) of the Delhi Rent Control Act, 1958, before the Delhi High Court, against an order of the learned Additional Rent Controller (ARC), Central District, Tis Hazari Courts, dated 22.02.2022, in eviction proceedings brought by his landlord, Alok Malani.

Earlier, a Single Judge of the High Court, in CM(M) No. 92/2022, had categorically permitted the tenant to file an amended leave-to-defend application, with the landlord permitted to file a reply and the tenant a rejoinder thereafter.

Despite noting this earlier order, the ARC, in paragraph 28 of the impugned order, held that since certain grounds had not been raised at the first instance in the leave-to-defend application, they could not now be considered — a finding the tenant contended directly contradicted the Single Judge's earlier direction permitting the amendment.

The revision petition was heard through hybrid mode and decided on 21.04.2026.

Issues Involved

  1. Whether the Rent Controller's refusal to consider the amended grounds in the leave-to-defend application, despite an earlier High Court order permitting the amendment, was legally sustainable.

Petitioner's Arguments

  • The tenant contended that the ARC's finding — that grounds not raised in the original leave-to-defend application could not be considered — was contrary to the categorical directions of the Single Judge in CM(M) No. 92/2022, which had expressly permitted the amended application, the landlord's reply, and the tenant's rejoinder.

Respondent's Arguments

  • The landlord's position, implicit in the ARC's order under challenge, was that grounds not raised at the first instance in the leave-to-defend application should not be entertained.

Court Order / Findings

  • The Court found that the ARC's finding in paragraph 28 was contrary to the directions given by the Single Judge in the earlier order dated 28.01.2022 (in CM(M) No. 92/2022), which had permitted the amendment and consequential pleadings.
  • Since the amendment had been allowed and the amended leave-to-defend application placed on record, the Court held it was incumbent on the ARC to deal with that contention on its merits and pass an order accordingly — which had not been done.
  • Holding this to be an error apparent on the face of the record, the Court set aside the ARC's order dated 22.02.2022 in exercise of its revisional jurisdiction.
  • The matter was remanded to the concerned ARC/ARC-1, Central District, Tis Hazari Courts, to decide the leave-to-defend application afresh on its own merits, keeping in mind the Single Judge's earlier directions; parties were directed to appear before the ARC on 30.04.2026.

Important Clarification

This order does not decide whether the tenant should ultimately be granted leave to defend the eviction petition — it only holds that the Rent Controller must properly consider the amended application, which it had wrongly refused to do. It is a rent-control procedural ruling with no connection to GST.

Sections Involved

  • Delhi Rent Control Act, 1958 – Section 25-B(8) (revision) and Section 25-B (summary eviction procedure and leave to defend)

Decision – In Favour of

The revision petition was allowed in favour of the tenant, Ashok Kumar, to the extent that the ARC's order was set aside and the leave-to-defend application remanded for fresh consideration on merits; the eviction proceedings themselves remain undecided.

Case Details

  • Court: High Court of Delhi at New Delhi
  • Case No.: RC.REV. 145/2022 & CM APPL. 29424/2022
  • Coram: Justice Amit Sharma
  • Date: 21.04.2026

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