Santosh Duggal, J. (Oral ).

( 1 ) THIS is landlady s petition filed under Article 227 of the Constitution of India, feeling aggrieved by an order passed by the Rent Control Tribunal dated 15th November 1990, whereby respondent/tenant s appeal was allowed. The controversy now falls in a very narrow compass, but before that facts are required to be -noticed.

( 2 ) THE petitioner let-out premises bearing No. 61-A, DDA Flats, Prashad Nagar, New Delhi to the respondents for limited period of three years with effect from 25th September 1982 afterobtaining permission of the Rent Controller under section 21 of the Delhi Rent Control Act, 1958 (for short the Act) on 24th September, 1982. The period of limited tenancy expired on 24th September 1985, and after waiting for the premises to be vacated, the landlady filed an execution application on the last day available to her, namely, on 24th September 1985, seeking vacant possession of the premises.

( 3 ) THE record reveals that notice was ordered to be issued to respondent but he could not be served. Thereafter the petitioner s counsel REFERRED TO for warrants of possession straightaway without notice to the tenant, placing reliance on a ju

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