NATHU RAM VAID Vs. TIBBIA COLLEGE BOARD

JUDGEMENT

(1.) The respondent-landlord let the premises to the appellant-tenant on 8.5.1965 after obtaining the permission of the Controller in the prescribed manner under section 21 of the Delhi Rent Control Act, 1958 (hereinafter called the Rent Act of 1958) for a period of two years only. At the end of these two years, the tenant did not vacate the premises and, therefore, the landlord made an application to the Controller under section 21 read with rule 5 of the Delhi Rent Control Rules, 1955 (hereinafter called the Rules of 1955) so that the Controller may place the landlord in vacant possession of the premises by evicting the tenant. The tenant objected to the maintainability of this application on the ground that the landlord had not obtained the permission of the competent authority under section 19(1) (a) of the Slum Areas (Improvement and Clearance) Act, 1956 (hereinafter called the Slum Areas Act of 1956). The Controller rejected this contention and ordered the issue of warrant of possession to place the landlord in possession of the premises. The first appeal by the tenant was dismissed by the Rent Control Tribunal. Hence this second appeal by the tenant.

(2.) The question for consideration is whether the application by the landlord under section 21 of the Rent Act of 1958 was "any suit or proceeding for obtaining any decree or order for the eviction of a tenant" within the meaning of section 19(1) (a) of the Slum Areas Act of 1956.

(3.) In deciding this question, we must primarily go by the language of section 21 of the Rent Act of 1958 and of section 19(1) (a) read with section 19(1) (b) of the Slum Areas Act of 1956. To be read carefully, these two provisions are reproduced below :-