ORIENT EXPRESS CO PRIVATE LIMITED Vs. USHA PASRICHA

JUDGEMENT

(1.) A limited tenancy was crealred on 4.2.1981 for three years with respect to First floor of 112, Sunder Nagar, New Delhi in favour of Orient Express Co. (PO) Ltd, hereinafter referred to as the petitioner. After expiry of the limited period of tenacy, the petitioner did not vacate the premises necessitating the landlady to file an execution application. Notice was sent to the petitioner. During the execution proceedings, the petitioner tenant filed objections under Section 21 of the Delhi Rent Control Act. An amendment application was also filed for amending the objections. Objection was taken by the landlady that the objections Filed by the tenant were not mantainable in view of the pronouncements made by the Supreme Court in various decisions. However, the Addl Rent Controller recorded the evidence on the objections and after appreciating the evidence on record the Addl Rent Conuller vide his detailed order dated 17.12.1991 dismissed the objections filed under Section 21 and ordered issuance of the warrant of possession against the petitioner. Aggrieved the petitioner Filed an appeal before the Rent Control Tribunal, who confirmed the findings of the Addl Rent Controller and dismissed the appeal. Against that order a review petition was filed by the petitioner on 23.1.92 urging that the possession of the premises in dispute was given on 21.1.81 and actually the tenancy was created on 21-1-81 and this fact has been admitted in letter Ex OW1/5. Cheque for Rs.2500.00 was received by the landlady on that day for as rent for the month of February, 81 and rent for 21st January to 31st January was paid in cash. The stamp paper for execution of the rent note was purchased on 22-1-81. All these facts were to taken into consideration by the not Rent Control Tribunal and therefore the judgment of the Rent Control Tribunal dated 10.1.92 needs review.

(2.) Notice of the review petition was issued to the respondent who made appearance and after hearing the counsel for the parties, the Rent Conrol Tribunal vide order dated 3.2.92 dismissed te review petition.

(3.) This order dismissing the review petition by the Rent Control Triunal has been challenged before this Court by filing petition under Article 227 of the Constitution of India.