PARVEEN AGNIHOTRI Vs. ANURADHA MALHOTRA

JUDGEMENT

(1.) The facts giving rise to this second appeal are that on 14.1,1985, permission to create fixed term tenancy for a period of two years with respect to premises No.61-D. Block-H, DDA Flats, Saket, New Delhi under Section 21 of the Delhi Rent Control Act was granted by the Addl. Rent Controller, Delhi. The tenant Parveen Agnihotri, appellant herein, did not vacate the premises after the expiry of the fixed term tenancy and so the decree- holder respondent herein. filed an application seeking possession on 15.4.87. During the pendency of that application, the appellant filed objection dated 26.11.87 challenging the validity of the permission on various grounds. One of the objections taken by the appellant was that the premises in dispute is situated in village Sajdla Jat and the provisions of the Delhi Rent Control Act are not applicable to the premises in that village and the permission granted by the Addl Rent Controller under Section 21 of the Delhi Rent Control Act was without jurisdiction. That permission was obtained by concealment of material facts and by playing fraud upon the Court and that permission was granted mechanically without application of mind. The other objection taken was that earlier these premises were under the tenancy of Usha International Ltd. and these premises were vacated a few days before the permission under Section 21 was granted. The reasons mentioned for taking the permission were false as her husband had not gone abroad for a limited period and that the premises were available for Indefinite letting.

(2.) This Addl. Rent Controller by his detalled judgment dated 23.7.88 dismissed the objections so raised by the tenant, appellant herein holding that the tenant was not able to explain as to why he moved the objections after the expiry of the tenancy period and why he did not come to the Court during the continuance of the tenancy when the facts now disclosed were within his knowledge. The appeal before the Rent Control Tribunal was also dismissed vide detailed judgment dated 7.9.88.

(3.) The main thrust of the argument of the Counsel for the petitioner before me is that the Addl. Rent Controller granted permission under Section 21 with respect to the suit premises without having any jurisdiction. Accord- ing to him, the provisions of the Delhi Rent Control Act have not been extended to village Saidla Jat and therefore the Addl Rent Controller had no jurisdiction to entertain the application under Section 21 and to pass an order thereunder. The decree passed without jurisdiction is nullity. The other ground pressed before me is that the respondent landlady played fraud upon the Court by not disclosing the fact that the premises were In the tenancy of Usha International Ltd. earlier. On both these grounds the appellant submitted that the permission granted under Section 21 is invalid.