RAM S DASTA Vs. GOPAL DEVI

JUDGEMENT

(1.) This second appeal filed on behalf of the tenant is directed against the order of learned Rent Control Tribunal, Delhi dated 25th April, 1984 confirming the order dated 22nd February, 1984 passed by 7th Additional Rent Controller, Delhi accepting the application of the respondent, Smt. Gopal Devi, .landlady, for delivery of possession of the premises in dispute to the landlady which had initially been let out to the appellant, herein, under section 21 of the Delhi Rent Control Act, 1958 (hereinafter referred to as the Act).

(2.) It appears that the first floor of premises bearing No. B-7, Co-operative Housing Society, N.D.S.E. Part I, New Delhi was let out to the appellant in pursuance of a permission granted by the Additional Rent Controller, Delhi dated 25th October, 1977.

(3.) The application for permission to let out the aforesaid premises was filed on or about 24th October, 1977. In this application, it was stated by Mrs. Gopal Devi, the landlady, that she is owner of the premises and her only daughter whose husband is at present transferred to Jullundur on deputation and will be re-transferred back after three years and as such the landlady is desirous to let out the entire first floor of the premises to Shri Ram S. Dasta son of Sh. J.R. Dasta. The address of Sh. Ram S. Dasta was stated as U-30, Green Park, New Delhi. It was also stated that the premises are residential and the respondent shall not use it for any other purpose than for his residence and the residence of his family members. It was also stated in the application that the terms and conditions of the proposed lease agreement are mentioned in annexure 'A' to the application. In the application, it was stated that the tenancy shall be for a period of three years commencing from 25th October, 1977 and that the tenant has undertaken to vacate the premises on the expiry of the period of three years.