DEWAN DAULAT RAI KAPUR Vs. R CHATHA RAM

JUDGEMENT

(1.) This is a petition under Article 227 of the Constitution of India.

(2.) By means of a registered lease deed dated December 8, l978 the petitioner, Dewan Daulat Rai Kapur. let out his 2 storeyed building-114, Sunder Nagar, Mathura Road, New Delhi to the respondent, R. Chatha Ram, for residential purposes r a limited period of four years ending on December 8, 1982, after obtaining the permission of the Addl. Rent Controller under Section 21 of the Delhi Rent Control Act, 1958 (for short 'the Act'). The reason given in the application seeking permission under Section 21 of the Act for not requiring these premises for the said period was that his son-in-law, Ashok Chawla was carrying on business in Bombay. He had died on April 13, 1978. There being nobody else, the petitioner was required to go to Bombay and stay there for a period of four years to look after his daughter, her two minor children and their business there and did not require the premises in dispute for this period. Parties statements were recorded by the Addl. Controller. The petitioner deposed :

(3.) Section 21 of the Act entitles such a landlord to obtain possessio of the demised premises after the expiry of the period for which the limiten tenancy was created. Such an order was, undisputedly, executable as a decree of the civil court. The petitioner, consequently moved an application for execution of the order on December 9, 1982. Notice of the application was issued to the judgment debtor who filed objections under Section 47 read with Section 151 of the Code of Civil Procedure. He raised several pleas.