Triable issues in leave-to-defend proceedings justified remand where landlord status and tenancy were disputed.

In leave-to-defend proceedings under Section 18-A of the East Punjab Urban Rent Restriction Act, 1949, the existence of triable issues is decisive where the landlord's NRI status and the landlord-tenant relationship are specifically disputed. The Rent Controller must independently examine the applications on the material before it, and the landlord bears the burden of establishing entitlement to eviction under Section 13-B. Applying these principles, the Supreme Court upheld the High Court's remand for fresh consideration of the tenants' applications and declined interference.

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Issues: Whether the High Court was justified in setting aside the Rent Controller's orders and remanding the matter for fresh consideration of the tenants' applications for leave to defend under Section 18-A of the East Punjab Urban Rent Restriction Act, 1949, in view of the challenge to the landlord's NRI status and the landlord-tenant relationship.

Analysis: The existence of triable issues is central in proceedings for leave to defend, and where the landlord's status and the relationship of landlord and tenant are specifically disputed, the controversy cannot be decided without a proper opportunity to test the competing claims. The Rent Controller is required to independently examine the leave-to-defend applications on the basis of the material placed before it, and the burden remains on the landlord to establish entitlement to eviction under Section 13-B of the Act. The High Court's decision to remit the matter for fresh consideration was consistent with these principles.

Conclusion: The remand order was upheld, and the appellants were not entitled to interference.

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