PREM NARAIN BAIJAL Vs. ONKAR NATH MOOLRI

JUDGEMENT

(1.) This is an appeal filed by the landlord whose application for being put in possession of the premises on the expiry of limited tenancy of five years under Section 21 of the Delhi Rent Control Act (hereinafter referred to as the Act) has been dismissed by the Addl Rent Controller and the Rent Control Tribunal. The appellant landlord and the tenant appeared before the Addl Rent Controller for creation of tenancy under Section 21 of the Delhi Rent Control Act. The Addl Rent Controller (Shri M.A. Khan) recorded the statement of both the landlord and the tenant and made the following order :

(2.) After expiry of five years period when the respondent did not vacate the premises the landlord moved the Addl Rent Controller for issuance of warrant of possession to which the tenant filed objections. The Addl Rent Controller entertained the objections and dismissed the landlord's petition for being put in possession.Thereupon the landlord moved the Rent Control Tribunal and when he failed in the appeal, this second appeal has been filed before this court.

(3.) Doth the courts below came to a concurrent finding that requirement of Section 21 of the Delhi Rent Control Act were non exisent at the time of grant of permission under Section 21 and that the petitioner had obtained the permission by concealing the material facts and mis - statement which amount to obtaining permission by fraud.