It has been contended on her behalf that in view of the fact that the respondent neither took any step to deposit arrears of rent nor for the extension of time within one month of the order of the Rent Controller under Section 15(1) of the Act, the Rent Controller did not have any discretionary power to condone the delay under Section 15(7) of the Delhi Rent Control Act.
If the Rent Controller is of the view that in the facts of a particular case the time to make payment or deposit pursuant to an order passed under sub section (1) of Section 15 should be extended, he may do so by passing a suitable order.
Similarly, if he is not satisfied about the case made out by the tenant, he may order the defence against eviction to be struck out. But, the power to strike out the defence against eviction is discretionary and must not be mechanically exercised without any application of mind to the facts of the case.
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