HIMDOOT FABRICS Vs. SHARDA AJMANI

JUDGEMENT

(1.) This second appeal against the order of Rent Control Tribunal has arisen in the following circumstances.

(2.) Mrs. Sharda Ajmani is the owner of the premises described as House No. H-34 Green Park Extension, New Delhi on 12th May 1977 the owner let out the front portion of the said premises to M/s. Hirndoot' Fab- rics for a limitad period of three years. On tl.e expiry of the lease period of three years Smt. Ajmani filed an application under Section 21 of the Delhi Rent Control Act for vacant possession of the demised premises.

(3.) The tenant filed a reply raising number of objection. The main objection was that in the application for obtaining permission from the Con- troller for letting out the demised premises for a limited period no reason was given why the landlady did not require the premises for the limited period of three years. The tenant pleaded that the landlady was living permanent- ly along with her husband at home to which place he had been transferred recently and that prior to that the husband of the landlady was posted at Australia. It was contended that the above facts show that the landlady had no intention whatsoever to come back to India and live in the premises in dispute. The tenant further pleaded that the above facts would further show that the statements made by the parties before the Rent Controller on 12th May 1977 in the application under Section 21 for obtaining permission of the Controller were not correct and were obtained from the tenant under pressure and compulsion since the tenant was in dire need of the accommo- dation.