Judgement

RANGANATH MISRA, J.:- Punjab National Bank is in appeal by special leave challenging the order of eviction from a tenanted premises. That order by the Controller has been upheld in appeal by the Tribunal and the High Court has refused to interfere.

2. Eviction had been asked under S. 14(1) (k), Delhi Rent Control Act, on the basis that the appellant as tenant had taken the premises for residential purpose but had put it to nonresidential use. The Delhi Development Authority raised objection on the ground of change of user and had proceeded to raise penalty. The Controller dismissed the application but the Tribunal reversed that decision and passed an order directing eviction of the appellant.

3. At the hearing of the appeal we had a feeling that the respondent wanted higher rent and that was the real motive for asking for eviction. When a settlement by way of enhancement of rent was suggested, the Bank agreed to enhance the rent but left the fixation of the sum to the discretion of the Court. Taking into account the location of the property, prevailing rate of rental in the local area for comparable premises and the fact that the property had been taken for residential use b