KULDIP KUMAR MEHTA Vs. SHADI LAL PASSI

JUDGEMENT

(1.) The appellants were tenants of the respondents- landlords in respect of the premises 1/6, New Double Storey Lajpat Nagar IV, New Delhi. The landlords let out the premises after obtaining permission under Section 21 of the Delhi Rent Control Act from Shri K. S. Gupta, Additional Rent Controller, Delhi for a period of two years with effect from 1st March 1976. In the application under Section 21 it was, inter-alia, stated that the landlords did not require the premises for a period of two years. It. was specifically pleaded that 'the petitioner's son Sh. Gurdip Singh Passi is a student and studying in B. A. and the petitioners want to settle him in life and to rry him after studies, and the premises in suit will be required for residence of the petitioners and their son Sh. Gurdip Singh Passi, after the expiry of two years from the date of letting". The said application was signed by the landlords as well as the petitioners. On 17th February 1976, statement of one of the landlords Shri Shadi Lal was recorded. Thereafter on 17th February, 1976 the Additional Rent Controller passed the following order:

(2.) After the expiry of period of two years .the respondents-landlords filed an execution application on 25th April, 1978. Notice was served on the appellants for 7th July 1978. Appellant No. 1 appeared on that date and took time to file areply. He was directed to file the reply to the execution application on 4th August 1978. Notice was directed to be issued to the unserved appellant No. 2 for that date. On 4th August, 1978 no representative on behalf of appellant No. 1 appeared and nor was any reply filed. The court, however, aujourned the case to 22nd September, 1978. Appellant No. 2, it might be stated, had been served but did not put in any appearance. On 22nd September, 1978 no one appeared on behalf of the appellants and the trial court ordered that warrants of possession may be issued. After the order had been passed Shri J. R. Tandon, Advocate appeared on behalf of appellant No. 2 and wanted time to file objections. This request was accepted and Shri Tandon was permitted to file objections by 25th September, 1978. As the Presiding Officer was on leave the case could not be taken up on 25th September, and it was ordered that the case be listed on, the next day. On 26th September, 1978 again no one appeared on behalf of any of of the appellants and warrants of possession were directed to be issued. Subsequently when an application was made for sanctioning police aid the same was allowed by the trial court. Efforts were being made by the respondents to execute the warrants.

(3.) It is only on 11th September, 1979 that the appellants moved an application challenging the order of eviction. In the said application the permission which had been granted for letting out the premises under Section 21 was assailed. It is pertinent to note that this application was filed only after the decision of the Supreme Court which had been delivered on 6th August, 1979 in the case of S. B. Noronha v. Prem K.Khanna, 1979 RajdhaniLR 425.