Holding

The Supreme Court held that the permission under Section 21 was valid, not obtained by fraud, and the absence of a separate written lease does not invalidate the order.

Summary

The respondent, a government official residing in government quarters, obtained permission under Section 21 of the Delhi Rent Control Act, 1958 to let a portion of his house to the appellant for 18 months. After the lease term expired, the appellant refused to vacate and the respondent filed an execution application, which was upheld by the Rent Controller, the Rent Control Tribunal, and the Delhi High Court. The appellant appealed to the Supreme Court, alleging that the permission was obtained by fraud because the respondent had repeatedly used Section 21 for short‑term leases and that the lack of a separate written lease rendered the permission invalid. The Court held that the appellant failed to produce any factual evidence of fraud or abuse of the statute, and that a statement before the Rent Controller suffices under settled Delhi High Court law. It further observed that Section 21 is a complete code and does not require a subsequent written lease or registration. The Court also noted that the appellant’s delay in raising the fraud claim weakened his case. Consequently, the appeal was dismissed and the execution order upheld.

Issues considered

Whether the permission granted under Section 21 of the Delhi Rent Control Act was obtained by fraud or wilful contravention of the statute.
Whether a separate written lease agreement is a mandatory condition for the validity of a permission under Section 21.
Whether the appellant's delay in challenging the permission defeats his claim of fraud.
Whether the settled jurisprudence of the Delhi High Court that Section 21 is a complete code should be followed.

Legislation cited

Delhi Rent Control Act, 1958s. 14, s. 21

Subjects

Delhi Rent Control ActSection 21limited tenancyfraudlease agreementstatutory interpretationexecution proceedingsgovernment servantrent control

Judgment

JOGINDER KUMAR BUTAN A
v.
R.P. OBEROJ

AUGUST 12, 1987

[SABYASACHI MUKHARJI AND S:-NATARAJAN, JJ.] B

Delhi Rent Control Act, 1958: s. 21-Limited tenancy-Permis-
sion obtained from Rent Controller for short periods-·Whether fraud/
wilful contravention/abuse of statute-Objections not raised during the

-
•y
term of the lease-Permissibility of-Lease agreement not reduced to
writing-Validity of. c
Statutory Interpretation-Local statutes-Law settled by High
Court over a continuous period of time-Normally to be adhered to-
Should not be disturbed.

The respondent, a government official, while residing in Govern- D
ment quarters sought permission of the Rent Controller under s. 21 of
the Delhi Rent Control Act, 1958 for leasing out a portion of his house
to the appellant for residential purposes for 18 months as he did not
require it for his own use for that period. The appellant declared before
the Rent Controller that he accepted the statement of the respondent
and that he shall vacate the premises on the expiry of the period of 18 E
months. The Rent Controller, thereupon, passed an order granting
permission in terms of the declaration. When after expiry of the
stipulated period the appellant failed to vacate the leased portion, the
respondent tiled an execution application for recovering possession.
The Rent Controller as well as the Appellate Authority rendered con-
current finding to the effect that the tenancy came into effect only by F
reason of the permission granted hy the Rent Controller under s. 21 and
directed the appellant to deliver possession to the respondent.

In second appeal before the High Court it was contended by the
& - appellant t'iat since the lease agreement was not reduced to writing, as
~'required under s. 21 of the Act, the permission granted by the Rent G
~· ,... / Controller was not valid. Dismissing the appeal the High Court held
1
/ !{that in as much as the parties had made statements before the Rent
/ .. Controller and duly signed them, there was sufficient compliance with
the terms of s. 2 I and it was not necessary that there should be a
separate agreement in writing over and above the draft agreement and
the statements rendered before the Rent Controller. H

937
938 SUPREME COURT REPORTS (1987] 3 S.C.R.

A
In the appeal by special leave, the contention taken before the +
High Court was reiterated, and in addition it was contended for the first
time that the permission obtained by the respondent from the Rent
Controller under s. 21 was in fraud of the statute inasmuch as he had
been obtaining such permission on several occasions for short periods In
order to deprive the tenants of their rights under the Act,
B
Dismissing the appeal,

HELD: I. I A plea pertaining to fraudulent practice is a mixed
question of fact and law. Without the requisite foundation on facts to
prove a wilful contravention or abuse of a provision of law a finding
C cannot be rendered as to whether a party has committed a fraud by -
abusing any legal provision, [943FG]

1.2 In the instant case, the appellant had not cross-examined the
respondent with reference to the lease granted earlier by the respondent
to other tenants nor had he adduced independent evidence to prove the
D factum of those leases and snch leases being granted by abuse of the
provisions of s. 21 of the Delhi Rent Control Act, 1958. In the absence of }-
factual material to show the abuse or misuse of the provisions of s. 21, it
cannot be said that the respondent had practised fraud on the Rent
Controller in obtaining permission. Besides, even if the respondent had
let out different portions of the building to other tenants on earlier
E occasions by having recourse to s. 21 he may have done so on the basis . j
of bona fide grounds and genuine calculations and his calculations may ~ ..
have gone wrong due to factots or events beyond his control. The mere
fact of letting out of the premises once again by resort to s. 21 for
a limited period should not necessarily lead to the inference that from y
the very beginning the premises .were available for letting out indefini-
F tely. [943EF, G-944A, 946A]

Dhanwanti v. D.D. Gupta, (AIR 1986 SC ll84) referred to.

1.3 The respondent was a government servant and was li'ving in
Government quarters. He had an apprehension that the said allotment.
G may be cancelled because of his owning a house and so he had to prov,ide Y ~
for any contingency resulting from such cancellation and hence he felt
he would be able to spare the leased premises only for a limited period.
There was no material before the Rent Controller to establish or even to
arouse suspicion that the respondent was playing a fraud on the statute.
In such circumstances the order passed by the Rent Controller cannot
H be said to be vitiated in any ma*ner. [945AB]
J.K. BUTAN v. R.P. OBEROI 939
+ S.B. Noronah v. Prem Kumari Khanna, [1980] 1 SCR 281, A
applied.

V.S. Rahi v. Ram Chambeli, [1984] 2 SCR 290, distinguished.

2. The appellant has waited for the full term of the lease to raise
}- objections about the respondent playing a fraud on the statute. He has B
failed to put forth these objections within a reasonable time, after the
) permission was granted by the Rent Controller, to impugn the order on
the ground of the alleged fraud perpetrated by the respondent.. This
factor weakens the objections raised by the appellant and denudes them
~ of force and content. [946CD]
~

·y J.R. Vohra v. India Export House, [1985] 2 SCR 899 at 911-912,
c
referred to.

3. In the matter ofinterpretation of a local statute the law settled
by the High Court over a continuous period of time should normally be
adhered to and should not be disturbed. The Delhi High Court has D
~ consistently held that s. 21 of the Delhi Rent Control Act, 1958 is a
complete Code by itself, and a permission granted thereunder would
not become invalid either on account of the landlord failing to disclose
the reasons for non-requirement of the leased premises for a particular
period or because of the landlord and the tenant not entering into an
agreement in writing subsequent to the grant of permission under s. 21 E
~- or on account of the agreement of tenancy in writing not being subse-
-- . quently registered. A different view would not only introduce an ele-
ment of uncertainty and confusion but it would also have the effect of
"( unsettling transactions which might have been entered into on the faith
of those decisions. [947B, 94611-947A, FG]
F
Inder Mohan Lal v. Ramesh Khanna (C.A. No. 468 of 1977)
decided on 4.8.1987; Raj Narain Pandey & Ors. v. Sant Prasad Tewari
& Ors., [1973] 2 SCR 835 and Kasturi Lal v. Shiv Charan Das Mathur,
[1976] Rent Control Reporter, Vol. 8 p. 703, referred to.

~
"'( CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1148 G
of 1979.

From the Judgment and Order dated 4.4. 1979 of the Delhi High
CourtinS.A.0.No.103of1979.

P.H. Parekh and A.K. Gupta for the Appellant. H
940 SUPREME COURT REPORTS [ 1987] 3 S.C.R.
+
Dr. U.R. Lalit. C.M. Oberai and D.N. Misra for the Respon-
A
dent.

The Judgment of the Court was delivered by

NATARAJAN, J. This appeal by special leave is directed against ~
B a judgment of the Delhi High Court dismissing the second appeal
preferred by the appellant herein to impugn the order passed against . -i
him in execution proceedings taken under Section 21 of the Delhi Rent
Control Act 1958 by the Rent Controller and confirmed by the Rent
Control Tribunal.

c from The respondent, a Government official who has since retired
service is the owner of a house bearing number Al 15, N araina y·
,

Vihar, New Delhi. During the year 1976, the respondent was residing
in Government Quarters situated in Kidwai Nagar, New Delhi. On
June 1, 1976 the respondent and the appellant appeared before the
Rent Controller and sought for permission of the Rent Controller for
D the rear portion of the ground floor being leased out for a period of 18
months to the appellant under Section 21 of the Delhi Rent Control
Act (hereinafter referred to as the Act). Besides filing the application,
the parties gave their declarations before the Rent Controller. The
respondent declared that he was the owner of the premises No. A-15,
Naraina Residential Scheme, Delhi, that he did not require the rear
E portion of the ground floor as shown in the plan Exhibit A-1 for his
own use, that as such he wanted to let out the same to the appellant for
residential purpose at a monthly rent of Rs.500 exclusive of water and
electricity charges for a period of 18 months with effect from June l,
1976 as per proposed lease deed Exhibit A-2. The appellant for his
part declared that he had heard the statement of the respondent and he
F accepted the same as correct, that he wanted to take on lease the rear
portion of the ground floor of the respondent's house as marked in
plan Exhibit A-1 for his residence 0n a monthly rent of Rs.500 exclu-
sive of water and electricity charges for a period of 18 months with
effect from June l, 1976 as per the terms contained in the draft lease
deed Exhibit A-2 and further declared that he "shall vacate the pre-
G mis~ on the expiry of the aforesaid period of 18 months." Thereupon
the Kent Controller passed an order as under:-

"Having regard to the averments made in the petition and
the statements of the parties recorded above. permission
under Section 21 of the Delhi Rent Control Act, 1958 is
H granted to the petiiioner for letting out the aforesaid por-
l.K. BUTAN v. R.P. OBEROI [NATARAJAN, I.] 941
+ tion of the aforesaid house as detailed in the statement of
A
the petitioner to the respondent for residential purpose for
a period of 18 months with effect from today, the 1st of
June, 1976. File be consigned to the record room."

,>-- It' was the case of the respondent in the execution application
filed by him that pursuant to the above said permission granted by the B
t Rent Controller, the appellant was inducted into possession of the
leased portion on June 2, 1976, that the period of lease came to an end
on November 30, 1976 and that as the appellant failed to deliver pos-

-• y session on December 1, 1977 as undertaken by him, he had to file the
application under Section 21 for recovering possession of the leased
portion. The said execution application was filed on December 12, C
1977.

The appellant contested the application and raised a three-fold
deJence as under:-

'.' ,( ( 1) He had been inducted into possession as a tenant on May 28, D
1976 itself, i.e. before the Rent Controller gave permission to the lease
trans~ction by his order dated June 1, 1976 and that as such the
tenancy was not governed by the order passed under section 21 of the
Act by the Rent Controller.

(2) Though the leased portion was taken on rent for being used E
as a residence, the parties by mutual arrangement had agreed soon
after the lease to make the proprietary concern of the appellant viz.
M Is. Refaire Projects Corporation the tenant of the premises and as
such the firm was the tenant and not the appellant and hence the
execution application against the appellant was not maintainable.
F
3. After the period of tenancy was over, a fresh tenancy was
entered into governing not only the leased portion of the ground floor
on a higher rent of Rs.550 P.M. but also covering a garage and
servants quarters on a monthly rent of Rs.150 and by reason of the new
~ -..1 ten_ancy the respondent was disentitled to file an execution appli-
1 catton. G

The Rent Controller and the Rent Control Tribunal, after a due
consideration of the materials placed before the court by the parties,
rendered concurrent findings to the effect that the tenancy came into
effect only by reason of the permission granted by the Rent Controller
under Section 21, that the several pleas of the tenant viz. a tenancy H
942 SUPREME COURT REPORTS [1987] 3 S.C.R.

A coming into existence even prior to the order of the Rent Controller, a
+
subsequent modification of the tenancy so as to make the firm the
tenant and a fresh tenancy being created so as to cover an additional
area and on revised rental terms were all untenable and baseless con-
tentions. Both the authorities therefore allowed the execution applica-
tion and directed the appellant to deliver possession of the leased
a premises.

Before the Bigh Court, in the second appeal preferred by the
appellant, the question of a fresh tenancy on revised terms of lease was
again sought to be canvassed but the High Court very rightly declined
to examine the matter as the exercise would call for appraisal of evi-
C dence on factual matters which is in the domain of the Trial Court and
-
the first Appellate Court and would also necessitate sitting in judg- y•
ment over concurrent findings of facts rendered by the courts below. It
was then urged before the High Court that there was no agreement in
writing as required under Section 21 of the Act and hence the permis-
D sion granted by the Rent Controller was not a valid one on the strength
of which an execution application can be filed. The High Court re-
jected this contention stating that inasmuch as the parties had made
statements before the Rent Controller and duly signed them, there was
sufficient compliance with the terms of Section 21 and it was not neces-
sary that there should be a separate agreement in writing over and
above the draft agreement and the statements rendered before the
E Rent Controller. The High Court also briefly went into the question
whether the proprietary concern of the appellant had become the tenant
and whether thereby the use of the premises had been changed from
residential to non-residential purpose and found the contentions of the
appellant to be wholly devoid of merit. The High Court therefore
dismissed the second appeal and hence the present appeal by special
F leave by the tenant.

Mr. Parekh, learned counsel for the appellant, realising the futil-
ity of canvassing once over again the unsuccessful defences raised
before the courts below and th.e High Court, sought to assail the judg-
G ment of the High Court and the order in the Execution Application on
two grounds alone viz. (1) the permission obtained by the respondent
from the Rent Controller under Section 21 was in fraud of the statute
and (2) an important condition prescribed by Section 21 was not fulfil-
led. It has to be mentioned even here that these contentions had not
been raised before the Rent Controller and the Appellate Tribunal or
H even before the High Court.
J.K. BUTAN v. R.P. OBEROI (NATARAJAN, J.] 943

In so far as the first contention is concerned, the appellant has A
alleged in the special leave petition that tile respondent had been
obtaining permission from the Rent Controller under Section 21 on
several occasions for leasing out different portions in the ground floor
as well as the first floor of the house to different tenants for short
~eriods in order to dep~ve the tenants of their rights i:onferred by the
· Act and also to get higher rent from each successive tenant. The B
, respondent has con tr.overted these averments in his counter-affidavit.
Mr. Parekh submitted that the appellant was not setting up a new case
because he had given the details of the names of the previous tenants
, and the portions occupied by them and the periods for which short
term leases were granted to them after obtaining permission from the
Rent Controller under Section 21 of the Act and as such there were
Y enough materials before the Court to show that the respondent had c
been abusing the provisions of Section 21 and playing a fraud upon the
statute and obtaining permission for leasing out portions of the house
to several tenants for limited durations and as such the permission
granted by the Rent Controller in this case is vitiated by the fraud
~ committed by the respondent and hence the execution application D
filed by the respondent was not at all maintainable. It is true we find
that in the objections filed by the appellant to the execution applica-
tion, he has given some particulars regarding the names of some
tenants to whom the other portions of the building had been let out by
the respondent after obtaining permission from the Rent Controller
}'- under Section 21. But significantly enough, the appellant had not E
• pursued the matter and substantiated the charge of fraud levelled by
him. He has not cross-examined the respondent with reference to the
leases granted earlier by him to other tenants nor has he adduced
independent evidence to prove the factum of those leases and such
leases being granted by abuse of the provisions of Section 21. In the
absence of factual materials to show the abuse or misuse of the provi- F
sions of Section 21, it is not possible for us to sustain the contention of
the appellant's counsel that the respondent had practised fraud on the
Rent Controller and obtained permission under Section 21 to lease out
a portion of the house to the appellant because a plea pertaining to
Y,raudulent practice is a mixed question of fact and law. Without the
requisite foundation on facts to prove a wilful contravention or abuse G
of a provision of law a finding cannot be rendered as to whether a party
has committed a fraud by abusing any legal provision. Besides, it has
to be borne in mind that even if the respondent had let out the ground
floor portions and the first floor of the building to other tenants on
earlier occasions by having recourse to Section 21 of the Act, the
respondent may have done so on the basis of bona fide grounds and H
944 SUPREME COURT REPORTS [1987) 3 S.C.R.

A genuine calculations and his calculations may have gone wrong due to
+·
factors or events beyond his control.

Learned counsel invited our attention to the decisions rendered
inS.P. Noronah v. Prem Kumari Khanna, [1980) l SCR 281 and V.S.
B Rahi v. Ram Chambeli, [ 1984) 2 SCR 290 and argued that the respon· -(
dent had suppressed material facts from the Rent Controller when he
asked for permission under Section 21 of the Act to lease out the
premises in question to the appellant for eighteen months, and further·
'·1
,

more the Rent Controller had passed his order granting permission.
under Section 21 without the application of mind. Similar contentions
were raised before us in the case of Inder Mohan Lal v. Ramesh
C Khanna (C.A. No. 468 of 1977) in which judgment has been rendered
by us on 4.8.1987. The whole gamut of Section 21, the object underly· Y
ing the provision, the field of its operation and the correct ratio to be
applied in dealing with cases pertaining to Section 21 have been elabo-
rately considered by us in the light of the earlier decisions of this Court
and some of the decisions rendered by the Delhi High Court. We have
D pointed out therein that in order to attract Section 21 four conditions )--
have to be satisfied viz. (1) the landlord does not require the whole or
part of any premises for a particular period, (2) the landlord must
obtain the permission of the Controller in the prescribed manner, (3)
the letting of the whole or part of the premises must be for residential
purposes only; and (4) such letting out must be for such period as may
E be agreed to in writing. After analysing the decision in Noronah's case ""
the resultant position emerging under law has been summarised as
follows:·

"An analysis of this judgment which has been applied in
F the various cases would indicate that Section 21 only gives
sanction if the landlord makes a statement to the satisfac-
tion of the court and the tenant accepts that the landlord
does not require the premises for a limited period, this
statement of a landlord must be bona fide. The purpose
must be for residence. There must not be any fraud or,
G collusion. There is a presumption of regularity. But it is Y
open in particular facts and circumstances of the case to
prove to the satisfaction of the executing court that there
was collusion or conspiracy between the landlord and the
tenant and the landlord did not mean what he said or that it
was a fraud or that the tenant agreed because the tenant
H was wholly unequal to the landlord."
J.K. BUTAN v. R.P. OBEROI [NATARAJAN, J.] 945

Viewed in this light it may be seen that the respondent herein has
A
satisfied all the tests prescribed in Noronah' s case. The respondent was
a Government servant and was living in Government quarters allotted
to him. He had an apprehension that the allotment of the Government
quarters may be cancelled because of his owning a house and so he had
to provide for any contingency resulting from the cancellation of the
allotment of Government quarters to him, and hence he felt he would B
be able to spare the leased premises only for a limited period. There
was no material before the Rent Controller to establish or even to
arouse suspicion that the respondent was playing a fraud on the sta-
tute. In such circumstances the order passed by the Rent Controller
- cannot be said to be vitiated in any manner. It would also be pertinent
to point out in this context that if the Rent Controller had reason to
suspect the bona fides of the respondent's application under Section c
21, the Rent Controller could only have declined to grant his permis-
sion for the lease transaction and, if he had done so, the lease transac-
tion would not at all have come to pass through. The Rent Controller
could not have compelled or directed the respondent to give the pre-
mises on lease to the appellant for an indefinite period of time so as to D
enable the appellant to have the benefit of the statutory protection
afforded by the Act against eviction except on one or more of the
grounds set out in Section 14. In so far as Rahi's case (supra) is con-
cerned, the facts therein were totally different and they were instru-
mental for the court declining to sustain the landlady's application

- under Section 21 for eviction of the tenant. The evidence in the case
established that the landlady had previously let out the identical por-
tion of the house to other tenants but still she had made a false declara-
tion before the Rent Controller that she had never let out the portion
E

r to any one earlier. Furthermore her statement that after the lease
period was over her mother would be joining her and the leased por-
tion would be required for her was found to be false because the lady F
in question was not her mother but an aunt whom the landlady
claimed to be her foster mother. It was therefore a case where the
permission under Section 21 had been obtained on the basis of false
declarations and statements. In the present case no such false declara-
ticm had been made by the respondent when he sought the permission
of the Rent Controller under Section 21. On the other hand we are G
inclined to agree with the argument of the respondent's counsel that
the facts of the case call for the court taking the view which it had
taken in the case of Dhanwanti v. D.D. Gupta, (AIR 1986 SC 1184).
In that case it was observed that there may be certain cases where the
owner, afte{ obtaining permission under Section 21 of the Act had let
out the premises for a limited period and after the expiry of the said H
946 SUPREME COURT REPORTS [1987] 3 S.C.R.

A period he may have again found it necessary to obtain permission to let
+
out the premises for another limited period due to genuine causes and
therefore, the mere fact of letting out of the premises once again by
having resort to Section 21 of the A~t for a limited period should not
necessarily lead to the inference that from the very beginning the pre-
B mises were available for letting out indefinitely. In the instant case
there is no evidence except the averment of the appellant that the
respondent had let out the leased portion on earlier occasions also for
limited periods by having resort to Section 21. However even if that
statement is true there cannot be an automatic inference that the
permission granted by the Rent Controller pertaining to the lease of
the premises to the appellant had been obtained by fraudulent means
C by the respondent. ,
-
Apart from these things there is also another factor which
weakens the objections raised by the appellant and denudes them of
force and content. He has waited for the full term of the lease to raise
objections about the respondent playing a fraud on the statute. He has
D failed to put-forth these objections within a reasonable time after the
permission was granted by the Rent Controller to impugn the order on
the ground of the alleged fraud perpetrated by the respondent. It was
observed by this Court in J.R. Vohra v. India Export House, [1985] 2
SCR 899 at 911-912 that the remedy available to a tenant in a case

-
where there was only a ritualistic observance of the procedure while
E granting permission for the creation of a limited tenancy or where such _.,,.
permission was procured by fraud practised by the landlord or was a
result of collusion between the strong and the weak, would be for the
tenant approaching the Rent Controller during the currency of the
limited tenancy itself for adjudication of his pleas as soon as he dis-
covers facts and circumstances that tend to vitiate ab initio the initial
F grant of permission and not to wait till the landlord makes his applica-
tion for recovery of the premises after the expiry of the period fixed
under Section 21.

We are, therefore, unable to Sustain the first ground of attack of
the appellant's counsel to assail the judgment of the High Court.
G
In so far as the second ground is concerned, this aspect of the
matter also has been considered by us and dealt with in a detailed
manner in lnder Mohan Lal's case; After noticing the decisions of the
Delhi High Court which have held the field all along declaring that
H Section 21 is a complete Code by itself and that a permission granted
under Section 21 would not become invalid either on account of the
J.K. BUTAN v. R.P. OBEROI [NATARAJAN, J.] 947

landlord failing to disclose the reasons for non-requirement of the A
leased premises for a particular period or because of the landlord and
the tenant not entering into an agreement in writing subsequent to the
grant of permission under Section 21 or on account of the agreement oi
tenancy in writing not being subsequently registered, this Court
~ affirmed the decisions of the Delhi High Court laying down the above
ratio in observance of the settled judicial policy that in the matter of B
\. interpretation of a local statute the law settled by the High Court over
) a continuous period of time should be normally adhered to and should
not be disturbed. The relevant passage in the judgment reads as
follows:-
- "Learned counsel for the appellant also stressed before us C
·y that Section 21 of the Rent Act was a complete Code by
itself. The order was under section 21 of the Rent Act. No
further question of lease or registered lease arose there-
after.

This question has been settled by series of decisions D
of the Delhi High Court upon which people have acted for
long. See the decision in Kasturi Lal v. Shiv Charan Das
Mathur, [1976] Rent Control Reporter Vol. 8-703 where ~t
pages 708-709 Misra J. of the Delhi High Court had clearly
indicated numerous cases where it was held that Section 21
was a Code by itself. The order of the permission is itself an E
authority; no lease was necessary and if that is the state of
law in Delhi, it is too late in the day to hold otherwise. See
the observations of this Court in Raj Narain Pandey and
others v. Sant Prasad Tewari & others, [1973] 2 SCR 835
where this Court observed that in the matter of the interpre-
tation of a local statute, the view taken by the High Court F
over a number of years should normally be adhered to and
not to be disturbed. A different view would not only intro"
duce an element of uncertainty and confusion but it would
also have the effect of unsettling transactions which might
have been entered into on the faith of those decisions. In
Delhi, transactions have been completed on the basis of G
permission and it was never doubted that there was any
requirement of any lease or any agreement subsequent to
the order and the same required registration.

There is therefore, no merit in th~ second contention of the
appellant'~ counsel that since the lease transaction was not reduced to H
948 SUPREME COURT REPORTS [1987] 3 S.C.R.

A writing in terms of Exhibit A-2 subsequent to the grant of permission
by the Rent Controller, the terms of Section 21 are not fulfilled and
hence the execution application under Section 21 would not lie.

In the light of our conclusions the appeal has to fail and it will
accordingly stand dismissed with costs to the respondent.
B
P.S.S Appeal dismissed.

-

yl