Section 14(6) DRC Act: Admitted Settlement Deed Creates Triable Issue; Omission to Consider It Warrants Remand

1. Case Snapshot

• Case Name: Avinash Jain & Ors. vs Padam Chand Gupta & Anr.

• Citation: Not specifically provided (Delhi High Court, 2026)

• High Court: High Court of Delhi

• Bench: Hon'ble Mr. Justice Harish Vaidyanathan Shankar

• Date of Decision: July 20, 2026

• Area of Law: Rent Control – Delhi Rent Control Act, 1958; Section 14(6) – Bar on eviction petition; Section 25B(8) – Revisional jurisdiction

2. Judgment in Brief

The Delhi High Court set aside a common final order passed by the Additional Rent Controller in three eviction petitions and remanded the matters for fresh consideration. The tenants/petitioners had sought leave to defend under Section 25B(8) of the Delhi Rent Control Act, 1958, arguing that the eviction petition was barred by Section 14(6) of the Act as the landlord had acquired alternative accommodation. The Rent Controller rejected the leave to defend application, relying on Jagdish Chander Gulati to hold that acquisition was completed upon execution of Agreement to Sell coupled with symbolic possession. The High Court found that the Rent Controller failed to consider an admitted Settlement Deed and Sale Deed, which stipulated that possession would be handed over only upon execution of the Sale Deed. The Court held that this constituted a triable issue and remanded the matter for fresh adjudication, clarifying it expressed no opinion on the ultimate merits.

3. Relevant Facts

• The Respondents/landlords filed eviction petitions under the Delhi Rent Control Act against the Petitioners/tenants.

• The tenants sought leave to defend, contending that the eviction petitions were barred by Section

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