MANOHAR LAL Vs. NARAIN DASS

JUDGEMENT

(1.) This second appeal under Section 39 of the Delhi Rent Control Act, 1958 (for short 'the Act') is directed against the order of the Rent Control Tribunal dated October 4, 1982.

(2.) By lease deed dated July 24, 1953 the Delhi Improvement Trust, predecessor-in-interest of the Delhi Development Authority, leased out a plot of land No. 12, Block No. B Western Extension Area, New Delhi to Rattan Lal. He constructed a building thereon and let out a portion, consisting of one room and a covered verandah in front thereof, to Narain Dass (respondent-tenant) on a monthly rent of Rs. 63.00 . Rattan Lal later sold this property to Manohar Lal (appellant/landlord) by a sale deed dated November 26, 1961. The respondent attorned to him as a tenant.

(3.) Under the terms of the lease deed granted by the D.DA., the lessee was not entitled to use the said land and building that may be erected thereon for any other purpose than for the purpose of a residential house, without the consent in writing of the lessor. The tenant, however, used the tenanted premises for dairy business. This user, being contrary to the terms of the lease, was objected by the DD.A. The landlord consequently filed an application against the tenant for recovery of the possession of the premises indispute under clause (k) of Sub-section (1) of Section 14 of the Act. Parties however, arrived at a compromise. The tenant agreed to pay 3/4th amount of the penalty or the premium levied by the DDA for the commercial use of the premises since November 27, 1961 upto date. The landlord agreed to withdraw the eviction petition which was consequently dismissed as such.