VED VRATA Vs. MADAN LAL HIS HNOI

JUDGEMENT

(1.) This is an appeal filed by the landlord against the judgment of the Rent Control Tribunal dated 8th September, 1983 whereby the judgment of the Controller dated 7th August, 1985 was confirmed and the execution petition filed by the landlord was dismissed and objections filed by the respondent were allowed. The landlord let out the premises to the respondent under Section 21 of the Delhi Rent Control Act for a period of 3 years from 15th July, 1978. The period of tenancy expired on 15th July 1981. Therespondent,however,did not vacate the premises as agreed to by him and therefore the appellant-landlord filed the execution petition. In reply to the execution petition, the respondent-tenant stated that the landlord bad obtained the permission from the Additional Rent Controller for letting out the premises for,a limited period by playing fraud on the Court and by suppressing true facts.

(2.) Apart from the objection regarding the letting purpose and the alleged fresh tenancy created in favour of the respondent-tenant after the period bad expired, it is stated in the objection petition that the landlord had not stated reasons in his application seeking permission for giving the premises under Section 21 as to why he did not require the premises for 3 years.

(3.) I have heard the learned counsel for the parties at length. Learned counsel appearing for the appellant his cited before me a recent judgment of the Supreme Court in Smt Yamuna Maloo v. Shri Anand Swarup 1990(1) RLR 462 wherein the Court has observed as follows :