HANS RAJ Vs. A N GULATI

JUDGEMENT

(1.) This is a petition filed by the land- lords/petitioners against the order dated 2.9.94 passed by the Additional Rent Controller, Delhi upholding the objection of the tenant filed after the expiry of the term of limited tenancy granted by the Additional Rent Controller under Section 21 of the Delhi Rent Control Act and dismissing the petition of the petitioners for the recovery of possession by holding that the permission granted under Section 21 of the Delhi Rent Control Act as void.

(2.) The facts of the case, in brief, are as under:-

(3.) It is alleged by the petitioners that the petitioners are the owners of the property bearing No.C-204A Greater Kailash Part I, New Delhi. The petitioners have been staying at Thailand for the last few years. The elder brother of the petitioners, who is otherwise attorney of the petitioners, had been living in the said house and on account of his having built his own house, he shifted to his house in Malviya Nagar, New Delhi making the demised premises available for letting out. It is alleged by the petitioners that the respondent approached .the petitioners for letting out the property to him for a period of five years under the provisions of Section 21 of the Delhi Rent Control Act. Accordingly, permission under section 21 of the said Act was granted for a period of five years which was valid upto 2nd May, 1983. It is alleged by the petitioners that when asked to vacate the premises on the expiry of the period of five years, the respondent did not vacate the premises in dispute, resulting in the petitioners filing the petition for possession on 14.7.1983 seeking eviction of the respondent and recovery of the possession of the premises in dispute.