JAI BHARAT TRADING CO Vs. UNION OF INDIA

JUDGEMENT

(1.) The present appeal is directed against the Order dated 8th March, 1978 of Rent Control Tribunal, Delhi. The appellant is alleged to be the owner of the premises No. 8-A, Ward No. XII, Kamla Nagar, Delhi, which had been let out to the Union of India at the rental of Rs-589.60 per month with effect from November 3,1958. The petition for eviction was moved against the respondent on the ground of non-payment of rent and subletting. The said petition was allowed by the Court of Additional Rent Controller and the respondents were directed to vacate the premises and put the appellant in possession under Proviso (a) & (b) of Section 14(1) of Delhi Rent Control Act. The respondents preferred an appeal before the Rent Control Tribunal. The eviction order was affirmed on both the grounds. The Tribunal, however, took into consideration that certain developments had taken place which made the eviction order inexecutable as the demised premises had been requisitioned on 21st July, 1975. The learned Judge however clearly held in concluding part of his judgment that the eviction order shall become executable only after the order of requisition was at any time revoked under the law. The operative part of the judgment reads as follows :-

(2.) The learned Counsel for the appellant now contends that the requisition of the demised premises has since lapsed in terms of the provisions of Section 6 of the Requisition and Acquisition of Immovable Property Act, 1952 as amended which will lead to the conclusion that the requisition of the premises is revoked.

(3.) In view of the above the appellants shall be at liberty to execute the decree and they shall be entitled to get possession of the premises by moving the executing Court who shall deal with the matter in accordance with law and in compliance of the judgment of the Rent Control Tribunal dated 8th March, 1978. This appeal is disposed of in the above terms. There will be no order as to costs.