Santosh Rahi w o Shri V.S. Rahi, aged 45 years, teacher resident of 33/52, Prabhat Road, Karol Bagh, New Delhi.
I have never let out the portion to anybody earlier to it.
D. Kapoor, Add.
Rent Controller On the expiry of the period of three years mentioned in the above order the respondent filed an application before the Additional Rent Controller for possession of the premises.
The appellants also stated that the statement of the respondent that she had number leased out the building earlier to any body else was number true.
637, Double Storey, New Rajinder Nagar, New Delhi to Shri V.S. Rahi and Smt.
From the Judgment and Order dated the 23rd August, 1982 of the Delhi High Court at New Delhi in S.A.O. No.
My son and my mother were living in the said premises.
It is stated that the first floor of the said premises companyprising of two living rooms, kitchen, bath and latrine detailed in plan exhibit A 1 is surplus with her for a limited period of three years and she will require it after the said period of three years.
Ram Chambeli w o Sh.
RO AC ARC Statement of Shri V.S. Rahi, son of Sh.
The appellants filed objections to the said application stating that the respondent was companyfor tably living with her husband and son in the ground floor of the building that she was number in need of the first floor of the building which had been leased out in their favour that the statement that her mother was living with her was number true that her son was studying in the 7th class in 1977 and number in the 9th class as stated by her before the Rent Controller in 1977 and that the Rent Controller had permitted the leasing out of the building under section 21 of the Act without applying his mind.
It was further pleaded that the application had been filed with a view to extracting higher rent.
My son is studying in 9th class.
637, Double Storey, New Rajinder Nagar, New Delhi.
Consequently the appellants companyld number be evicted under that section.
M/798/77 under section 21 of the Delhi Rent Control Act, 1958 Act 59 of 1958 hereinafter referred to as the Act , the relevant part of which reads thus Statement of Smt.
2800 of 1982.
The petitioner and respondent have made statement on oath in this companynection.
Thakur Gopal Singh, 45 years, teacher and Smt.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Ram Chambeli, wife of Shri G.L. Gandhi applicant to let out first floor of her premises No.
637 Double Storey, New Rajinder Nagar, New Delhi.
The Tribunal allowed the appeal and directed the eviction of the appellants.
Aggrieved by the order of the Additional Rent Controller, the respondent filed an appeal before the Rent Control Tribunal.
The second appeal filed by the appellants against the order of the Tribunal was dismissed by the High Court.
Santosh Rahi respondents for residential purposes for the said period of three years with effect from the date of the order.
X. Joseph and N.S. Das Behl for the Appellant.
After going through the affidavits filed by the parties in support of their cases the Additional Rent Controller held that the respondent had obtained the permission under section 21 of the Act by making wrong statements and accordingly revoked the said permission.
The entire premises companyprising of two rooms, kitchen, bath, latrine shown in the plan Exhibit A1 is surplus with me for a limited period of 3 years which I want to let out to the respondent for residential purposes for the said period at rupees 425/ p.m. which is mentioned in Mark B with effect from the date of permission.
Ram Chambeli leased out the premises in question to the appellants under an order dated December 22, 1977 passed by the Additional Rent Controller in suit No.
This appeal by special leave is filed against the judgment of the High Court.
In view of the statement of the parties, permission u s 21 of DRC Act is granted to Smt.
The Judgment of the Court was delivered by VENKATARAMIAH, J. This is an appeal by special leave against the judgment of the High Court of Delhi dated August 23, 1982 in S.A.O. No.
The respondent Smt.
M. Khanna for the Respondent.
RO AC ARC ORDER This order will dispose of application under Section 21 DRC Act filed by Smt.
Ram Chambeli applicant seeking permission to let out first floor of her premises No.
277 of 1982 dismissing the appeal filed by the appellants.
277 of 1982.
After about three years my mother will be alright and my son will grow up and for them I shall require the premises after three years.
G.L. Gandhi I am the owner landlord of premises No.
