JUDGMENT

THOMMEN, J.:- Leave granted.

2. The scope of S. 21*1 of the Delhi Rent Control Act, 1958 has been considered by this Court in a number of decisions.*2 The section embodies the legislative policy to devise a special mechanism to increase the supply of accommodation to meet the rising demands of a growing metropolis. It operates in limited circumstances; and, strictly within those bounds, and subject to the vigilant enquiry of the Controller before according his permission, the parties are once permitted to regulate their relationship in accordance with the section, totally governed by the terms of their contract.

* 1. Section 21 reads:

"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 of the Controller in the prescribed manner, lets the whole of the premises or part thereof as a residence for such period as may be agreed to in writing between the landlord and the tenant and the tenant does not, on the expiry of the said period, vacate such premises, then, notwithstanding anything contained in S. 14 or in any other law, the Controller may, on the application made to him in this behalf by the landlord within such time as may be prescribed, place the landlord in vacant possession of the premises or part thereof by evicting the tenant and every other person who may be in occupation of such premises.

(2) While making an order under subsection (1), the Controller may award to the landlord such damages for the use or occupation of the premises at such rates as he considers proper in the circumstances of the case for the period from the date of such order till the date of actual vacation by the tenant."

* 2. Shiv Chander Kapoor v. Amar Bose, (1990) 1 SCC 234; Inder Mohan Lal v. Ramesh Khanna, (1987) 4 SCC 1; Subhash Kumar Lata v. R.C. Chhiba, (1988) 4 SCC 709; V. S. Rahi v. Smt. Ram Chambeli, (1984) 1 SCC 612; J. R. Vohra v. India Export House Pvt. Ltd. (1985) 1 SCC 712; Yamuna Maloo v. Anand Swarup, (1990) 3 SCC 30; Pankaj Bhargava v. Mohinder Nath, AIR 1991 SC 1233; Smt. Dhanwanti v. D. D. Gupta, (1986) 3 SCC 1); S. B. Noronah v. Prem Kumari Khanna, (1980) 1 SCC 52; Pukhraj Jain v. Padma Kashyap, (1990) 2 SCC 431.

3. The section operates in terms thereof, notwithstanding any other law, unless the contract itself, or the permission of the Controller, is vitiated by fraud. Absent such vitiating circumstance, and once the Controller has accorded sanction, the parties to the contract are presumed to have entered into their relationship at arms length and the law binds them to the terms of their agreement.

4. While the Act is meant for the protection of the tenant, the legislative policy reflected in S. 21 is to carve out an area free of that protection. Where the conditions stipulated in S. 21are satisfied, the prohibition contained in S. 14 against eviction of tenants except on the specified grounds or the requirements of the Transfer of Property Act or the Civil Procedure Code or any other law are removed or dispensed with.

5. The section is attracted in the specific circumstances postulated by it. The absence of requirement by the landlord of the whole or any part of the premises for a particular period, the permission of the Controller in the prescribed manner for the lease of the premises in question, the agreement in writing between the landlord and the tenant for the lease of such premises as a residence for the agreed period, the refusal of the tenant to vacate the premises on the expiry of that period, and an application made within the prescribed time by the landlord invoking the power of the Controller under this section: these are the conditions precedent to the exercise of power by the Controller to place the landlord in vacant possession of the premises by evicting the tenant or any other person in occupation of such premises. The person in occupation of the p