BASHESHAR NATH SETIA Vs. P C TANDON

JUDGEMENT

(1.) This is a revision petition of the tenant against the order of the Rent Controller dated July 17, 1979. The respondents are the owners of premises No. 14/17, East Patel Nagar, New Delhi. These premises were let to the tenant Basheshar Nath Sethia on November 14, 1963. The tenant continues to be in possession of the said premises. One of the owners landlords P. C. Tandon was a Government servant at the relevant time. Now he has retired. As a Government servant he was occupying a Government accommodation allotted to him in B-13/476 Lodhi Colony, New Delhi.

(2.) On September 9, 1975 the Government issued a general order requiring Government servants to vacate Government residential accommodation by December 31, 1975 if they owned a residential house in the Union Territory of Delhi. This order applied to Tandon also. He informed his office that he owns a residential house in East Patel Nagar. The Government therefore, required him to vacate the Government residential accommodation. He did not do so by the specified date i.e. 31st December 1975.

(3.) On February 25, 1976 the Assistant Collector of Estates issued a special order addressed to Tandon. He required him to pay market rent because he had failed to vacate the Government residential accommodation by the specified date. Tandon therefore vacated the allotted premises on February 27,1976.