LILA WANTI Vs. C P PRABHAKAR

JUDGEMENT

(1.) This is a reference under Section 10 read with Section 11 and 12 of the Contempt of Courts Act, 1971 hereinafter referred to as 'the Act' by Rent Control Tribunal, Delhi.

(2.) Briefly, the facts are that Lilawati, owner-landlady of house bearing No. F-8, Rajauri Garden) New Delhi, acting through Mohan Lal Gulati, General Attorney, in collaboration with C.P. Prabhakar made an application under Section 21 of the Delhi Rent Control Act) 1958 to the Rent Controller, Delhi. It came up before Shri K.B. Andley, Additional Rent Controller Delhi, on June 3, 1971. Mohan Lal Gulati swore that the premises were not required by the landlady for a period of 5 years and the wanted to create limited tenancy for a period of 5 years and that she would require the premises for her personal need on the expiry of that period. C.P. Prabhakar endorsed the request made on behalf of the landlady saying that he required the premises for residence and would have no objection to vacate the same on the expiry of the stipulated period. Shri K.B. Andley granted permission for creation of the limited tenancy vide order dated June 3, 1971 by relying upon the statements one made on behalf of the landlady and the other by the would be tenant.

(3.) On November 30, 1976 Lilawati prayed for issuance of warrant for possession of the premises saying that the limited tenancy had come to an end. Notice was issued to C.P. Prabhakar. In his reply dated January 29, 1977, it was pleaded by C.P. Prabhakar that the premises were never let exclusively for residence and that the tenancy had come into existence prior to the grant of permission under Section 21 of the Act and, therefore, the order passed under that Section which was relied upon, could be of no assistance as it was an order without jurisdiction. Shri S.N.Kapur) First Additional Re:it Controller, Delhi, finding no force in these objections, dismissed the same vide order dated April 26, 1977. Feeling aggrieved, C.P.Prabhakar went up in appeal under Section 38 of the Delhi Rent Control Act before the Rent Control Tribunal. The appeal was provisionally admitted subject to- the filing of the certified copy of the impugned order within the time prescribed on May 3, 1977 and notice was issued to Lilawati for May 5, 1977. On the date fixed, C.P. Prabhakar made statement withdrawing the appeal in these words: