Judgement

SABYASACHI MUKHARJI, J.:- This appeal by special leave is from the judgment and order of the High Court of Delhi dated 19th of July, 1985.* The appellant had made an application on or about 15th of July, 1976 before the Rent Controller to let out the premises for a period of two years under S. 21 of the Delhi Rent Control Act, 1958 (hereinafter called the Rent Act). The Rent Controller after recording the statements of the appellant and the respondent made an order permitting creation of limited tenancy only for a period of two years for residential purposes to which the respondent had agreed upon. It may be material to refer to the fact that the appellant in his application under S. 21 of the Rent Act had stated as follows :

* Reported in 1985 Rajdhani LR 492 : (1985) 2 Ren CJ 339.

"I do not require the premises for a period of two years from 15-7-76. The purpose of letting shall be residential only and the premises are shown in the site plan Ex. A-1. The proposed agreement is Ex. A-2. Limited tenancy under S. 21 of the Act may be allowed to be created for the said period."

2. The respondent agreed to the aforesaid statement and stated as follows :

"I have heard the sta