V W BAGGA Vs. JANAK RAJ SHARMA

JUDGEMENT

(1.) . This second appeal under Section 39 of the Delhi Rent Control Act, 1958 (for short 'the Act'), by the landlady, is directed against the order of the Rent Control Tribunal dated 4/5/1985.

(2.) . The dispute is in respect of ground floor of property No. 145, Block M, Greater Kailash Part II New Delhi. Ms. V.W. Bagga, the appellant, is owner of the said premises. Janak Raj Sharma, the respondent approached her for letting out the same to him for residential purposes for a period of two years on a monthly rent of Rs. 1,450.00. Ms. Bagga accepted the offer. On 3/1/1977 they moved a joint application under Section 21 of 'the -Act' for permitting the appellant to let out the said accommodation to the respondent for a period of two years. The reason indicated in the application was that because of family circumstances she did not require the said premises presently and she had accepted the offer of the respondent for letting out the same to him for two years from the date of the permission. Learned Controller recorded the statement of the parties. In her statement before the Controller no special reason for making the premises available for letting was disclosed. She simply stated that she did not require the premises for a period of two years from that date. By order dated 5/1/1977 learned Controller allowed the appellant to create mited tenancyn favour of respondent under Section 21 of 'the Act' for a period of two years from the date of the order for residential purpose only. Pursuant to this order a register lease deed was executed on 27/6/1977.

(3.) . The period for which the limited tenancy was created expired on 4/1/1979. The tenant did not vacate. The landlady, on 19/4/1979, moved, an application for delivery of possession of the premises in dispute in execution of the order made on 5/1/1977 under Section 21 of 'the Act'. On 20/4/1979 learned Additional Controller issued notice of the application to the tenant for 6/7/1979. On 3/8/1979, holding that the defendant had not appeared in spite of service by publication, the learned Additional Controller, issued warrants for possession.