KESHAV KUMAR SWARUP Vs. FLOWMORE PRIVATE LIMITED

JUDGEMENT

(1.) The appellant-landlord filed an application under Section 14 (1 (e) of the Delhi Rent Control Act, 1958 before the Rent Controller seeking eviction of the respondent-tenant (Company) from the premises in question on the ground of bona fide requirement. After obtaining leave to contest the application, the tenant contended, relying upon clause 5 of the deed of lease which reads as under:

(2.) In view of the concurrent finding recorded by the Controller and the High court regarding bona fide requirement of the premises by the landlord, the only point that survives for consideration in this appeal is as to the true meaning of clause 5 of the lease deed. In other words, we have to find an answer to the question whether the premises were let out for residential purpose only or for a composite purpose.

(3.) In interpreting a document the intention of the parties has to be ascertained, if possible from the expressions used therein. More often than not, this causes no difficulty, but if difficulty is felt owing to inarticulate drafting or inadvertence or other causes, the intention may be gathered reading the entire document and, if so necessary, from other attending circumstances also. If through such a process the intention of the parties can be culled out consistently with the rule of law, the courts are required to take that course. Keeping these principles in mind, we may proceed to consider the facts of the instant case.