ORIENTAL EXPRESS CO PRIVATE LIMITED Vs. USHA PASRICHA

JUDGEMENT

(1.) This second appeal has been filed by Oricntal Express Company Private Limited, inducted as a lenaiil.in first floor portion of premises bearing No.112, Sunder Nagar, New Delhi for a limited period of three years, under the provisions of Scction 21 of the Delhi Reni Control Act, (for short 'the Act'), which period expired, according to the landlady on 4.2.84.

(2.) On tenant's failure to band over vacant possession, after lapse of the period of limited tenancy, the respondent took out execution on 6.2.84 to which objections were filed by the tenant in March 84. The said objections were dismissed by an order passed by the Additional Rent Controller on 17.12.91. The Rent Control Tribunal, vide order dated 10.1.92, confirmed the order of dismissal of objections.

(3.) The main contentions which have been set forth in this second appeal are that the courts below committed grave error in holding that the tenancy had been created under the provisions, and within the scope of section 21 of the Act with effect from 4.2.1981. It is contended that there is abundant material on record, as evidenced by writing dated 21.1.81 (OW.I/5), that possession had been handed over to the tenant on that date itself, namely, 21.1.81 and a .cheque representing rent for the month of February 1981 was also given, which was accepted by the landlady, and she also confirmed the fact of banding over of possession, by endorsement recorded on the letter given by the tenant through Shri Kanti K.Poddar, director. According to the appellant, there has been a total misconstruction of this document, and this itself gives rise to a question of law, to be examined in this second appeal, the concurrent findings of two courts below notwithstanding.