SHRISHT DHAWAN Vs. SHAW BROTHERS

JUDGEMENT

(1.) Leave granted.

(2.) The scope of S. 211 of the Delhi Rent Control Act, 1958 has been considered by this Court in a number of decisions.2 The section embodies the legislative policy to devise a special mechanism to increase the supply of accommodation to meet the rising demands of a growing metropolis. It operates in limited circumstances; and, strictly within those bounds, and subject to the vigilant enquiry of the Controller before according his permission, the parties are once permitted to regulate their relationship in accordance with the section, totally governed by the terms of their contract. 1 Section 21 reads:

(3.) The section operates in terms thereof, notwithstanding any other law, unless the contract itself, or the permission of the Controller, is vitiated by fraud. Absent such vitiating circumstance, and once the Controller has accorded sanction, the parties to the contract are presumed to have entered into their relationship at arm's length and the law binds them to the terms of their agreement.