SHRI TEJA SINGH Vs. SHRI D.K. BAKSHI

JUDGEMENT

(1.) This second appeal from order has been filed under Section 39 of the Delhi Rent Control Act 59 of 1958 (hereinafter referred to as 'the Act'), by the tenant against the appellate order of the Rent Control Tribunal dated 16th September, 1970 by which it dismissed the appeal and affirmed the order of the Controller dated 7th August, 1970, finally rejecting the objections of the tenant against his eviction under Section 21 of the Act.

(2.) The brief facts of the case are that the appellant is the tenant while the respondent is the landlord and owner of the premises situated in Bhagat Singh Market, New Delhi. On 3rd January, 1969, the landlord and the tenant moved an application under Section 21 of the Act before the Rent Controller in which it was mentioned that the landlord was the owner in possession of the flat which he did not require for a period of one year as he had to go to Jullundur on grounds of health and that he desired to let it out to the tenant on a rent of Rs. 500/- per month for a limited period of one year from Ist Feb, 69 to 31st January, 1970. The other terms of the tenancy like obligation not to sub-let and hand over vacant possession voluntarily, including keeping the fixtures and fittings intact and to pay rent every month are mentioned in the application and it was prayed that permission be granted under Section 21 of the Act for creation of a statutory tenancy for a limited purpose. The Controller recorded the statements of the landlord as well as of Teja Singh tenant, who stated on solemn affirmation that he had agreed to take the flat for his residence for a period of one year from Ist Feb, 1969 to 31st January, 1970, on the expiry of which he agreed to vacate the same. The Controller disposed of the application by order dated 3rd January, 1969 to the effect that as per statements of the parties, the requisite permission was accorded under Section 21 of the Act to the tenancy as proposed in the application and the parties were bound by the terms of the tenancy for the period mentioned in the application.

(3.) On the expiry of the period of the limited tenancy the respondent landlord on 29th January, 1970 filed an execution application for issue of warrants of possession against the tenant appellant. Notice of the application was issued to the appellant before me on 3rd March, 1970 for 3rd April, 1970 on which date, the counsel for the parties appeared, but no reply was filed on behalf of the appellant tenant and the court accordingly ordered issue of warrants of possession. On the following day, namely 4th April, 1970, the appellant tenant filed objections under Section 25 of the Act under the name of Teja Singh and associates to the affect that they had been carrying on business in the premises in dispute and that they had been occupying some other premises which they had vacated on obtaining the premises in dispute from the landlord who had been recovering rent from them against vouchers signed by him and that the applicants were in possession of the premises in their own rights as direct tenants and they raised the following objections against their eviction, namely :-