2009 INSC 0097
                                    SUPREME COURT OF INDIA

                                             Kamal Raj Bansal

                                                      Vs.

                                                Rajpaul Singh

                                            C.A.No.347 of 2009

                                   (S.H. Kapadia and Aftab Alam JJ.)

                                                  19.01.2009

                                                   ORDER

Leave granted.

1. The Civil Appeal is dismissed. There shall be no order as to costs.

2. The signed order is placed on the file.

        Leave granted.

3. In this case the Rent Controller has refused to grant leave to defend, hence this Civil
Appeal is filed by the tenant.

4. We have gone through the records. We are satisfied that the leave has been rightly
rejected. However, from such rejection it does not follow that the landlord has not to prove
the ingredients of Section 13B of East Punjab Urban Rent Restriction Act, 1949. We may
also add that the appellant herein would have right to cross-examine the landlord in pending
proceedings.

5. Subject to above, we dismiss the appeal and direct the Rent Controller to decide the case
as expeditiously as possible, preferably within nine months from today.

        There shall be no order as to costs.

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