JUDGMENT

This appeal by special leave is by a person who was put into possession of the premises in question by the principal tenant who obtained the land from the Government under a perpetual lease deed. By the impugned judgment, the High Court held that for the periods ending respectively on 14-1-1979 and 21-6-1981, the appellant was liable to pay Rs. 1,17,761.73 and Rs. 3,57,391.61 as misuse charges. In default of payment of these two amounts, the High Court held that the appellant was liable to be evicted from the premises.

2. Counsel for the appellant, Mr. Bhat, contends that the misuser by the appellant had stopped in 1981. This, he submits, is clear from an affidavit filed by the Government in October, 1982. He, therefore, submits that there has been no misuser since 1981. Counsel further submits that although the appellant is liable to pay misuse charges for the period up to 21-6-1981, his liability is only for such misuse charges as are determined by the competent authority, namely, the Controller as provided under S. 14(11) of the Delhi Rent Control Act, 1958. Such a determination has not been made. The High Court, counsel says, wrongly held that the misuse charges claimed