MAHINDER PAL SINGH Vs. MIRAN GUPTA

JUDGEMENT

(1.) These are two appeals from the orders of the Rent Control Tribunal. There is common question of law, namely, whether there is misuse of property and whether the tenant is liable to eviction under clause (k) of Section 14(1) of the Delhi Rent Control Act (the Act). This judgment will govern both the appeals, I will take up first S.A.O. No. 241 of 1983.

(2.) First the statutory provisions. Clause (k) of section 14( 1) of the At says that the Controller will make an order for recovery of possession on the ground namely :

(3.) These are the facts. Prem Saroop Chopra, appellant is the owner of house No. B-139, Pankha Road Residential Scheme, Janak Puri, New Delhi. S.N. Bhatia is the tenant under Chopra. Bhatia is running Lahore Montessory Primary School in a part of the said house. To the running of a primary school in the premises the Delhi Development Authority objected. They issued notices to the landlord in 1974, 1976 and 1978. The purport of these notices is that in terms of the lease between the lessee and the lessor, the President of India, the leased land cannot be used "for any purpose other than that of a private dwelling." There is an express prohibition that on the residential plot no trade or business shall be carried on. At this stage it is convenient to quote clause 1(13):