SHIV CHANDER KAPOOR Vs. AMAR BOSE

JUDGEMENT

(1.) Leave granted.

(2.) The landlord Shri Shiv Chander Kapoor as preferred this appeal by special leave against the judgment dated August 3, 1987 passed by the Delhi High Court in S.A.O. No.393 of 1986 whereby the High Court dismissed the landlord's appeal against the order dated October 14, 1986 of the Rent Control Tribunal affirming in appeal the order dated August 9, 1985 of the Rent Controller dismissing the landlord's application dated October 12, 1983 for restoration of possession of the premises let out for residence, to the tenant Amar Bose for the limited period of three years w.e.f. June 8, 1980 under S. 21 of the Delhi Rent Control Act, 1958 (hereinafter referred as the 'Act'). The true scope of the enquiry contemplated when the tenant assails validity of the Rent Controller's permission granted under section 21 of the Act for creation of a tenancy for limited period arises for determination in the present case.

(3.) The premises is the second floor of the building bearing No. 19/10, Old Rajinder Nagar, New Delhi comprising of two rooms, a kitchen, bathroom and lavatory let out for residence on a monthly rent of Rs. 800/- apart from electricity and water charges. The landlord offered to let out the premises for three years only w.e.f. June 8, 1980 for the reason that it would be needed by his family thereafter when his son got married, to which the tenant consented. Accordingly, by an agreement in writing between the parties the premises was so let out for the limited period of three years w.e.f. June 8, 1980 with the permission of the Rent Controller obtained under S. 21 of the Act. The order of the Rent Controller is as under: