SABYASACHI MUKHARJEE, R.S.PATHAK
Dhanwanti – Appellant
Versus
D. D. Gupta – Respondent
Judgment
R. S. PATHAK, J.:- Special leave granted.
2. This is a landladys appeal by special leave directed against the order of the High Court of Delhi dismissing her second appeal in limine. The appellant is the owner of the premises No. F-8/17, Vasant Vihar, New Delhi. It is a single storeyed house. She let out the premises for a limited period of two years to the respondent, who is a judicial officer. She did so after obtaining the requisite permission under S. 21 of the Delhi Rent Control Act on April 22, 1980. A registered deed was executed between the parties in that behalf. The deed recorded the undertaking of the respondent to vacate the premises at the end of two years. The two years expired on April 21, 1982 but the respondent did not hand over possession of the premises to the appellant. Accordingly the appellant prayed for an order directing delivery of possession of the premises to her. A warrant of possession was issued.
2A. On Oct. 20, 1982 the respondent filed his objection, alleging that the order granting permission under S. 21 of the Act was obtained by fraud practised on the Rent Controller and was a nullity. It was asserted that the premises were constructed in th
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