S P ARORA Vs. AJIT SINGH

JUDGEMENT

(1.) This Second Appeal has been filedagainst the order of Shri Pritam Singh Pittar, Rent ControlTribunal, Delhi, dated 22/05/1962, in Rent Control AppealNo. 486 of 1961, dismissing the said 'appeal and confirming theorder of Shri B. L. Mago, Rent Controller, Delhi, dated 2 7/10/1961, whereby the Rent Controller dismissed the application filed by S. P. Arora, appellant herein, under section 14(1) (c) and (k) of the Delhi Rent Control Act, 1958, prayingfor the evication of Ajit Singh, the respondent herein from thesuit premises.

(2.) On 6/05/1943, the father of the appellant herein obtained a perpetual lease (Exhibit A-9) in respect of certain landfrom the Delhi Improvement Trust. One of the terms ofthe lease was that the lessee should erect upon the said landwithin one year from the date of the lease and thereafter atall times during the terms of the lease maintain on the land agood and substantial residential house. Another term was thatthe lessee should not use the said land and the building thereon during the term of the lease for any other purpose than forthe purpose of residential use without the consent in writingof the lessor, and it was stipulated that the lease shall becomevoid if the land is used for any purpose other than the purposefor which the lease was granted for being a purpose subsequently approved by the lessor. The lease contained certain additional covenants, one of which was that no forfeiture or re-entryshall be effected for non-observance or non-performance of thecovenants in the lease until the lessor has served on the lesseea notice in writing :

(3.) It was decited in the lease deed that the grant of the lease wasmade under the authority of the Crown, and that the provisionsof the Crown Grants Act (XV of 1895) shall apply to thegrant.