R N MATHUR Vs. PRATAP PAWAR

JUDGEMENT

(1.) The appellant R.N. Mathur took on rent under section 21 of the Delhi Rent Control Act the premises flat No. D-II/B, D.D.A. flats, Munirka, New Delhi, belonging to Shri Pratap Pawar for residential purposes for a period of two years commencing from 22nd July 1978. The ground stated in the application for permission to create tenancy for a fixed period was that the landlord is on a foreign assignment/and posted as Cultural Officer, High Commission of India, Port of Spain, Trinidad, and Tabago, West Indies, and was expected to return to India on the expiry of his assignment after a period of two years and he would thereafter require the premises for his personal residence. The said application was made on behalf of the landlord by his attorney Miss Raj Kumari Anita Singh. The Rent Controller recorded the statement of the parties and accorded permission to the landlord to let out his flat No. D-II-B/, D.D.A. flats to Shri R.N. Mathur for residential purposes for a limited period of two years with effect from 21st July 1978.

(2.) On 26th August 1980 the landlord through his attorney filed an application for warrants for possession of the flat No. D-II/B D.D.A. flats. It was stated in the application that although the period of two years had expired the tenant had not vacatethe premises The landlord stated in the application that he has been posted back from his foreign assignment and is returning to India any time in September.

(3.) The tenant filed objections against the said application. The main plea of the tenant was that the premises were let out to him from 15th June 1978 and that the permission obtained under section 21 of the Delhi Rent Control Act for letting out the premises with effect from 22nd July 1978 was a fraud on the provisions of the Rent Control Act. The tenant further pleaded that the landlord does not require the premises and he was posted out of India and that there is no definite period of his return from abroad.