VIRENDER KUMAR BHATNAGAR Vs. CHITRANJAN KUMAR MAL

JUDGEMENT

(1.) This second appeal is directed against the order of the learned Rent Control Tribunal dated 26th February, 1983 whereby the learned Rent Control Tribunal affirmed the order of the Vth Additional Rent Controller, Delhi, dismissing the objections filed by the appellant/tenant to the application under Section 21 of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') for delivery of possession.

(2.) The premises in dispute namely C-2/274, Vivek Vibar, New Delhi, were let out by the respondent to Sb. Virender Kumar Bhatnagar for residential purposes for a period of two years under the provisions of Section 21 of the Act by an order of the Court dated 29th April, 1978. This order of the Court passed on an agreement between the parties dated 25th April, 1978. The application for permission to let for residence of the aforesaid premises for two years was filed on 28th April, 1978 and the statement of the parties were recorded by the learned Additional Rent Controller and the aforesaid permission was granted for letting. The agreement itself was registered on 29th April, 1978. The lease agreement itself recites that "it is being let for residential purposes and for no other purpose". The agreement also contemplates that "the lessee shall not misuse the premises in contravention of the bye-laws of the D.D.A., Municipal Corporatian of Delhi or any of other authority".

(3.) The application for premission itself was supported by the agreement dated 25th April, 1978.