Section 14a of the Delhi Rent Control Act is only applicable when there is a general or special order by the government requiring a person in occupation of a residential premises allotted by the Central Government to vacate such residential accommodation.

( 1 ) THIS is a petition for revision against the order of the Rent Controller dated 31. 7. 1978 by which he allowed the application of the respondent/landlord under Section 14a of the Delhi Rent Control Act (to be called the Act) and directed eviction of the petitioner/tenant.

( 2 ) THE respondent/landlord is a government servant. In February, 1977 he moved an application under section 14a of the Act for recovery of possession from the petitioner/tenant. Various defences were taken by the petitioner but he failed before the Rent Controller and has come up in this court in revision.

( 3 ) THE only point argued before me by Mr. Ishwar Sahai the learned counsel for the petitioner is that Section 14a is no to nger applicable to the present case and threfore no relief can be given to the respondent/landlord. As is well known Section 14a was inserted by Act 18 of 1976 w. e. f. 1. 12. 1975 in the Act. This was done in pursuance of a circular which had been issued by the Government of India on 9. 9. 1975 by which it was decided that those Government servants who have built their houses at the place of their posting within the limits of any to cal or adjacent municipality shall be required to vacate the government accomodation allotted to them within three months from 1. 10. 1975. It was also provided that if they do not vacate the government accomodation, after that period they would be charged license fee at market rate. It is common ground that the respondent has been allotted and is occupying government accomodation. The normal license fee of that house is Rs. 63. 70 p. per month. In terms of the circular of 9. 9. 1975 if the respondent had continued to occupy the government premises allotted to him he would be liable to pay Rs. 21. 00 w. e. f. 1. 1. 1976 which was subsequently raised to Rs. 297. 00 per month w. e. f. 1. 8 1976. Evidently after issuing of notification of 9. 9. 1975. Evidently after the issuing of must be provided for in order to make it possible for the government servants who have been allotted government accomodation, to obtain possession of their own houses. This was natural because otherwise having provided for a direction that they were not entitled to any allotment and also having provided for charging market rent it would have been unfair if the legislation had not came to the aid of the government servants, permitting them to obtain immediate possession of their own houses. This was the background in which Section 14a was incorporated and which specifically provided that where the landlord being a person in occupation of a residential premises allotted to him by the Central Government etc. "is required by or in pursuance of any general or special order made by the government or authority to vacate such residential accomodation, or in default to incur certian obligations. It is apparent that applicability of Section 14a is attracted only when there is order by Central Government or other authority which requires a person in occupation of the residential premises allotted by Central Government to vacate such residential accomodotion or in default to incur certain obligations. The condition precedent, therefore, is that there must be a direction to vacate such residential accomodation and I repeat only if he defaults, will he incur certain obligations. At the time when this application was brought in February 1977 the circular of 9. 9. 1975 held the field, unfortunately for the landlord this possition underwent change when the Central Government issued a revised circular dated 14. 7 1977 by which the orders contained in the earlier circular of 9. 9. 1975 were modified after re-consideration. By the said circular the government decided that w. e. f. 1. 6. 1977 the restrictions of allotment of accomodation to house owning officers should be modified making the house owning officials eligible for government accomodation. It was also decided that allotment of such accomodation to house owning offic