GURDAYAL SARAN PRASAD Vs. DISTRICT JUDGE DEHRADUN

JUDGEMENT

(1.) J. C. Gupta, J. Heard the petitioner's counsel as well as Sri Shakti Swaroop Nigam for the respondents.

(2.) BY means of this writ petition the petitioner has challenged the order of the Additional District Judge dated 1-7-81 whereby petitioner's suit for ejectment and mesneprofit has been dismissed.

(3.) FROM the petitioner's side reliance has been placed on the Supreme Court decision in Kanta Goel v. B. P. Pathak and others, AIR 1977 SC1599. This case was also referred before the revisional Court and the revisional Court has rightly distinguished this case, inasmuch as the definition of the word 'landlord' as given in U. P. Act No. 13 of 1972 materially differs from the definition as given in Section 2 (e) of the Delhi Rent Control Act. Under the Delhi Rent Control Act the said Section defines 'landlord' as under: "landlord means a person who, for the time being is receiving, or is entitled to receive, the rent of any premises, whether on his own account or on account of or on behalf of, or for the benefit of, any other person or as a trustee, guardian or receiver for any other person or who would use and receive the rent, or be entitled to receive the rent, if the premises were let to a tenant. " The word 'tenant' was also defined to mean any person by whom or on whose account or behalf the rent of any premises is payable.