S B NORONAH Vs. PREM KUMARI KHANNA

JUDGEMENT

(1.) The facts of this appeal are that the appellant is respondent's tenant in the premises B-8, Greater Kailash,Partl, New Delhi, with effect from May 10, 1968. However, on May 17, 1968, the Rent Controller granted permission to the parties under sec. 21 of the Delhi Rent Control Act (hereinafter the Act) to create a limited tenancy for 3 years. Again on October 30, 1971, the Controller granted permission to the landlady to create a limited tenancy in favour of the tenant from November 1, 1971, to October 31, 1975. Again on November 14, 1975, Controller made the following order:-

(2.) A lease-deed was also executed in that respect on December 21, 1975, wherein it was stipulated interalia that (1) on an application made by the parties under sec. 21 of the Act, the Controller was pleased to allow the parties to create a limited tenancy for a period of one year, (2) the premises were required for residential purposes, (3) possession of the building had already been given to the leasee on November 15, 1975, and (4) if any extra tax or leuy was imposed in case the premises were used for purposes other than residential, the lessee shall be liable to pay the same.

(3.) According to Sec. 21, and Rule 5 of the Delhi Rent Control Pules, 1959, an application for recovery of possession where the tenant does not vacate the premises after the expiry of the limited tenancy, may be made by the lessor within six months of such expiry. So, on January 10, 1977, the landlady filed such apdlication in which she stated that the period for which the permission was granted has already expired and the tenant inspite of repeated demands has not given possession of the premises.