Accordingly, on August 1, 1981, the Rent Controller passed an order of eviction against the Appellant and directed it number to be executed for a period of two months.
Thereafter, on May 17, 1976, the Respondent filed an application under section 25B of the Act on the ground specified in section 14A 1 thereof, being Suit No.
10.50 per month excluding water, electricity and other charges Prior to January 1975, the Respondent was an employee in the Posts and Telegraphs.
By a general order issued by the Ministry of Works and Housing in the form of an office memorandum, namely, O.M No, 12031 1 / 74 Pol.
During the pendency of the said eviction application, by a special order dated December 24, 1975, but signed on September 25, 1976, the Respondent was given numberice that if he failed to vacate the said Government accommodation in his occupation by December 31, 1975, he would be charged market rent with effect from January 1, 1976, at the rate fixed by the Government from time to time.
In our opinion, the said special order dated December 24, 1975, is irrelevant inasmuch as the foundation of the Respondents said eviction application was number the said special order but the said general order dated September 9, 1975, as clarified by the said order dated December 12, 1975.
After the summons had been duly served on him, the Appellant filed an affidavit stating the grounds on which he sought to companytest the said eviction application and obtained leave from the Rent Controller, Delhi, to companytest the said application.
Audit and Accounts Department of the Government of India, and in January 1975 he was sent on deputation to the Union Public Service Commission.
12031 1 /74 Pol.
The Appellant was the tenant of the Respondent in respect of premises situate at 3474, Gali Kartar Singh, Subzi Mandi, Delhi, companysisting of one room and two tin shedsata rent of Rs.
He retired on May 1, 1978 During the companyrse of his service, in October, 1972, the Respondent was allotted Government residential accommodation at Timarpur, Delhi, by the Directorate of Estates, Government of India.
E 798 of 1976.
It is against this judgment and order of the Delhi High Court that the present Appeal by Special Leave has been filed by the Appellant.
The Rent Controller directed the parties to bear their own companyts of the said eviction application.
Appeal by Special leave from the Judgment and Order dated the 24th November, 1981 of the Delhi High Court in Civil Revision No.
II dated December 12, 1975, the Government of India directed that all Government servants who had their own dwelling houses at the place of posting within the limits of any local or adjoining muni 1028 cipality should vacate the Government accommodation allotted to them within three months from October 1, 1975, or in default to pay market rent in respect thereof.
The Respondent occupied the said accommodation from November 1, 1972.
626 of 1982.
The first companytention raised on behalf of the Appellant at the hearing of this Appeal was that the Respondent was number entitled to rely upon the said special order dated December 25, 1975, inasmuch as it was signed on September 25, 1976, and the fact that it was signed nine months later than the date it bears clearly showed that the Respondent had manoeuvred to obtain this order.
II dated September 9, 1975, and subsequently clarified by another order, namely, O.M. No.
The Respondent, therefore, vacated the Government accommodation in his occupation on December 27, 1975, and went to reside in other premises belonging to him adjoining the premises let to the Appellant.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
A number of defences were taken by the Appellant, all of which were negatived by the Rent Controller.
59 of 1958 hereinafter for the sake of brevity referred to as the Act , filed by the Appellant against an order of eviction passed against him by the Rent Controller, Delhi, on an application filed by the Respondent on the ground specified in section 14A 1 of the Act.
The Appellant thereupon filed in the High Court of Delhi a 1029 revision petition under section 25B 8 of the Act The said revision petition was dismissed on November 24, 1981.
Subba Rao for the Appellant.
854 of 1981.
The Judgment of the Court was delivered by MADON, J. This Appeal by Special Leave granted by this Court is directed against the judgment and order of the High Court of Delhi dismissing the revision petition under section 25B 8 of the Delhi Rent Control Act, 1958 Act No.
K. Jain and P.K Jain for the Respondent.
Consequently the Respondent was required to vacate the Government accommodation allotted to him by December 31, 1975, or to pay the market rent in respect thereof with effect from January 1, 1976.
