JOGINDER KUMAR BUTAN Vs. R P OBEROI

JUDGEMENT

(1.) This appeal by special leave is directed against a judgment of the Delhi High Court dismissing the Second Appeal preferred by the appellant herein to impugn the order passed against him in execution proceedings taken under S. 21 of the Delhi Rent Control Act, 1958 by the Rent Controller and confirmed by the Rent Control Tribunal.

(2.) The respondent, a Government Official who has since retired from service is the owner of a house bearing No. A/15, Naraina Vihar, New Delhi. During the year 1976, the respondent was residing in Government Quarters situated in Kidwai Nagar, New Delhi. On June 1, 1976 the respondent and the appellant appeared before the Rent Controller and sought for permission of the Rent Controller for the rear portion of the ground floor being leased out for a period of 18 months to the appellant under S. 21 of the Delhi Rent Control Act (hereinafter referred to as the Act). Besides filing the application, the parties gave their declarations before the Rent Controller. The respondent declared that he was the owner of the premises No. Al 5, Naraina Residential Scheme, Delhi, that he did not require the rear portion of the ground floor as shown in the plan Ext. A-1 for his own use, that as such he wanted to let out the same to the appellant for residential purpose at a monthly rent of Rs. 500/- exclusive of water and electricity charges for a period of 18 months with effect from June 1, 1976 as per proposed lease deed Ex. A-2. The appellant for his part declared that he had heard the statement of the respondent and he accepted the same as correct, that he wanted to take on lease the rear portion of the ground floor of the respondent's house as marked in plan Ext. A-1 for his residence on a monthly rent of Rs. 500/- exclusive of water and electricity charges for a period of 18 months with effect from June 1, 1976 as per the terms contained in the draft lease deed Ext. A-2 and further declared that he "shall vacate the premises on the expiry of the aforesaid period of 18 months." Thereupon the Rent Controller passed an order as under : -

(3.) It was the case of the respondent in the execution application filed by him that pursuant to the above said permission granted by the Rent Controller, the appellant was inducted into possession of the leased portion on June 2, 1976, that the period of lease came to an end on November 30; 1976 and that as the appellant failed to deliver possession on December 1, 1977 as undertaken by him, he had to file the application under S. 21 for recovering possession of the leased portion. The said execution application was filed on December 12, 1977.