GURCHARAN SINGH Vs. SURESH KUMAR JAIN

JUDGEMENT

(1.) The complainant. Major Gurcharan Singh Sodhi (Retd.) is the owner of house No. C-80, Defence Colony, New Delhi. The construction of this house was completed in the year 1962. On account of his military service at various family and non-family stations, he never occupied his house. " He retired from the military service on 1-7-1970. After his retirement, he went to Madhya Pradesh and engaged himself for transport purposes in the mining area.

(2.) In July, 1979, respondent No. 1, Shri Suresh Kumar Jain approached the complainant and offered to take his house on rent for a limited period of three years at a rental of Rs. 1300/- p.m. besides Rs. 100/-per month as hire charges for fittings and furniture. A limited tenancy under S. 21 of the Delhi Rent Control Act was created by the order of Shri J.D. Kapoor, Rent Controller, Delhi on 4-7-1979. This limited tenancy was to expire on 3-7-1982.

(3.) During the course of the tenancy, the complainant had instructed Shri Suresh Kumar Jain to deposit the amount of Rs. 1400/- per month in his Savings Bank account with the Bank of India, Rajindra Place, New Delhi. Those instructions were duly complied with. It is the case of the complainant that by letter dated 29-6-1982, he informed Shri Suresh Kumar Jain that the tenancy period would expire on 3-7-1982 and that he should vacate and hand over the possession of the house to him on or before the date fixed. Shri Suresh Kumar Jain failed to hand over the vacant possession of the house and after the fixed period, the complainant filed an application under S. 21(5) of the Delhi Rent Control Act, 1958 in the court of the Rent Controller, Delhi. Shri Jain contested the application. However, on his request, he was granted time till 30-6-85 to vacate the house. To this effect, he gave an undertaking to the court and also agreed not to transfer the premises in question to anybody else.