PRITPAL G SINGH Vs. O P GUPTA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 3.11.1988 of the Rent Control Tribunal, Delhi in RCA No. 309/1987, whereby the learned Tribunal has set aside the order of the Additional Rent Controller dated 6.3.1987 whereby the learned Additional Rent Controller has dismissed the objections of the respondent against the application for recovery of possession filed by the petitioner under Section 21 of the Delhi Rent Control Act (for short 'the Act'). When the matter was called out, counsel for the respondent was not present. This is an specially directed matter listed today under the category of 'Old Matters' which needs to be disposed of expeditiously. It will not be out of place to mention that this matter has come up for hearing on nearly thirteen occasions. I, therefore, proceed to decide the matter.

(2.) That facts of the case as have been noted in the judgment under challenge are as under :

(3.) It is contended by counsel for the appellant that the judgment of the Tribunal is primarily based on a judgment of the Supreme Court in S.B.Noronah vs. Prem Kumari Khanna, 1980 (1) SCC 52.