JUDGMENT

Y.K. Sabharwal, J.-The appellants are tenants. The tenanted premises are situate in Karol Bagh Area, Delhi. The landlord is respondent No. 3 whereas Union of India and the Delhi Development Authority (for short DDA ) are respondents 1 and 2 respectively.

2. The tenanted premises are part of building constructed on the land leased to the original lessee by Delhi Improvement Trust. The DDA succeeded the said Trust. The perpetual lease, inter alia, provides that the lessee will not use the land and building that may be erected thereon during the terms of the lease for any other purpose than for the purpose of residential house without the consent in writing of the lessor. Admittedly the premises are being used by the appellants for commercial purposes.

3. By notice dated 4th January, 1982 issued by DDA, respondent No. 3 was informed that the premises were being used for the purpose of commercial-cum-residential which is contrary to the terms of the lease and the lease has become void and the lessor has right to re-enter after cancellation of lease. It was further stated in the said notice that the lease has been cancelled by DDA on 23rd December, 1981 for breach of Clause I(VI)  and the possession of the plot together with the building and the fixtures standing thereon will be taken over by DDA. In a suit filed by respondent No. 3 against DDA for grant of permanent injunction, interim injunction was granted by civil court inter alia noticing in the order that the owner had instituted eviction proceedings as far back as in 1974 against the tenants who were running their shops even at the time of the purchase of premises in question by the owner from its erstwhile owner.

4. In 1974, respondent No. 3 instituted eviction petitions against the appellants seeking their eviction under clause (k) of proviso to sub-section (1) of Section 14 of the Delhi Rent Control Act, 1958 (for short the Act ). The said clause stipulates an order of eviction being passed against the tenant who has, notwithstanding previous notice, used or dealt with the premises in a manner contrary to any condition imposed on the landlord by the Government or the Delhi Development Authority or the Municipal Corporation of Delhi while giving him a lease of the land on which the premises are situate. The tenant cannot resist his eviction when sought under Section 14(1)(k) of the Act merely on the ground that the landlord had himself let out the premises for commercial use (Faqir Chand v. Shri Ram Rattan Bhanot1). Under sub-section (11) of Section 14 of the Act, before an order for recovery of possession of any premises on the grounds specified in clause (k) of the proviso to sub-section (1) of the said section is made, the Controller is required to give to the tenant time to comply with the conditions imposed on the landlord by any of the authorities referred to in clause (k) or pays to that authority such amount by way of compensation as the Controller may direct.

5. The Additional Rent Controller by order dated 6th September, 1988 after coming to the conclusion that the DDA is not interested in permitting the misuse permanently or even temporarily and has threatened to re-enter the premises, directed the appellants to pay within two months the past mis-user charges to respondent No. 3 for being deposited with the DDA. The appellants were also directed to pay further compensation/charges as may be demanded by DDA in this regard. The appellants were directed to stop mis-user of the premises within two months from the date of the order and in the event of non-compliance of any of these conditions, it was directed that the order of eviction under Section l4(1)(k) of the Act shall be deemed to have been passed against the appellants for their eviction from the premises in question, this conditional order of eviction has been upheld by the Rent Control Tribunal in appeal as also by the High Court.

6. Challenging the aforesaid orders, Mr. D.D. Thakur submits that si