R.M.SAHAI, K.JAGANNATHA SHETTY
Pukhraj Jain – Appellant
Versus
Padma Kashyap – Respondent
JUDGMENT
R. M. SAHAI, J.:- Tenant inducted in 1979, for three years, by the landlord under a written agreement, in C-4/33, Safdarjang Development Area, New Delhi, with permission of Controller under Section 21 of Delhi Rent Control Act (for brevity the Act) seeks leave of this Court on limited question of law if proceedings for recovery of possession under Section 21 of the Act could be initiated and continued by legal representatives of the landlord who had obtained permission but who died before expiry of period of tenancy.
2. Answer of it shall depend, primarily, on construction of word landlord used in Section 21, a provision held to be self contained code in Shiv Chand Kapoor V. Amar Bose, (1990) 1 SCC 234: and also the purpose and objective of its enactment as provision of short duration tenancy or periodical tenancy in Rent Control Act of Delhi right from 1952, is unique amongst such legislations and is probably non existent in any other State. It reads as under:
21. Recovery of possession in case of tenancies for limited period.-
(1) Where a landlord does not require the whole or any part of any premises for a particular period, and the landlord, after obtaining the permission
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