RAMESH KUMAR Vs. RAVINDER KUMAR GAMBHIR AND ANR.

JUDGEMENT

(1.) The present regular second appeal is directed against a judgment dated 3rd April 1980 of Shri V. S. Aggarwal, Rent Control Tribunal, Delhi dismissing in limini and an appeal against order dated March 15, 1980 of Shri Shiv Charan, Additional Rent Controller, Delhi.

(2.) There is no dispute about some of the facts, Shri Ravinder Kumar Gambhir respondent No. 2) is the owner of property No. 25/141 Shakti Nagar, Delhi. He let out a portion of the property consisting of four living rooms, a kitchen, bath and latrine and store to Mangat Ram for a period of eleven months after taking permission for creating limited tenancy from Rent Controller under Section 21 of Delhi Rent Control Act (hereinafter referred to as the Act). Letting out was on November 2, 1976 and period of tenancy was to expire on October 3, 1977.

(3.) On February 23, 1978 the present appellant, namely Ravinder Kumar and respondent No.1 made an application under Section 21 of the Act before the Rent Controller in respecting of letting out of the aforesaid premises in favour of the former for a period of 11 months. March 6, 1978 was fixed in that application for hearing. Respondent No. 1 did not pursue the said application and accordingly the same was dismissed in default.