NAND GOPAL Vs. S KARTAR SINGH

JUDGEMENT

(1.) The petitioner Nand Gopal, Proprietor of Gupta Steels (India) was in occupation of the ground floor premises in dispute situated in Karnal Road, Delhi, and owned by respondent Kartar Singh, on a rent of Rs. 2000.00 per month under a licence deed dated 1-1-1977 due to expire on 31-12-1979. It was agreed that the petitioner will be entitled to use the water and industrial power. The petitioner then installed furnaces and machines of the steel rerolling factory. By an agreement of 22-2-1978, Rs. l,00,000.00 was advanced by the petitioner to the respondents upon the conditions that the loan shall be payable within a year and the petitioner shall not beevicted until the amount of loan was repaid. On 19-9-1979 a suit for recovery of the said loan was filed by the petitioner.

(2.) On 5-11-1979 the respondent Kartar Singh came to the premises, began to quarrel, manhandled him, got the power supply disconnected and broke the telephone. The petitioner lodged a report of this occurrence with the police. The flying squad was called and light was provided from the main station.

(3.) On 17-1-1980, the petitioner filed an application under Sec. 45 of the Delhi Rent Control Act, 1958 for restoration of the power. In that application, the AddI Controller ordered restoration of power supply on 12-2-1980. On appeal, the Rent Control Tribunal on 19-3-1980 directed the Addl. Controller to return a finding if there was any relationship of landlord and tenant between the parties. Further appeal by the petitioner to the High Court was dismissed. On 28-3-1980 the Additional Contioller reported to the Tribunal that there was no such relationship between the parties. On 19-4 1980, the Tribunal even tually accepted the appeal against the order of 12-2-1980 and dismissed the petitioner's application under Sec. 45(3) of' the Delhi Rent Control Act. The petitioner's appeal against that order was dismissed by the High Court on 8-7-1980.