VINOD BEDI Vs. MAHA PRABHU P SINGHANIA

JUDGEMENT

(1.) This is the landlord's petition against the order ofAdditional Rent Controller, passed on 29/08/1981. The order waspassed in the execution proceedings for possession under S.21 of the DelhiRent Control Act. The learned Rent Controller held that the evictionorder was contrary to the judgment of the Supreme Court in S.B. Noronah v.Prem Kumari, XV (1979) D.L.T. 305. The Rent Controller dismissed land-lord's execution application.

(2.) The impugned order is challenged on the following grounds :

(3.) In reply the counsel for the tenant submits that the landlord hasnot stated any specific reason why a shorter tenancy for two years was beingcreated in 1978. He further submits that ever since the house was constructedthe landlord has never stayed in it. It was let out from time to time athigher rents. The eviction order was secured by the landlord fraudulently.The Rent Controller was right in holding that the eviction order was contraryto the decision of the Supreme Court in Noronah's case.