Judgment

TULZAPURKAR, J. :- The only question raised in this appeal is whether a warrant for recovery of possession can be issued in favour of a landlord without notice to the tenant under S. 21 of the Delhi Rent Control Act, 1958 (hereinafter referred to as the Act)?

2. A tenancy for a limited period of three years commencing from 1-6-1979 in respect of a house at 34, Paschimi Marg, Vasant Vihar. New Delhi at a monthly rental of Rs. 5000/- was created by the appellant in favour of the first respondent-Company for the residence of its Chairman, Shri C. L. Sachdev after obtaining the requisite permission under S. 21 of the Act.

3. It appears that the said house was constructed by the appellant for his own use and occupation but having taken a loan for its construction he was desirous of clearing the said loan before occupying the same and he, therefore, offered in writing the tenancy for a limited period of three years to the first respondent-company, and since the offer was accepted a joint application seeking permission of the Rent Controller under S. 21 for creating such limited tenancy was made by the parties on 9th May, 1979 in which it was expressly stated that three years tenanc