Sabyasachi Mukharji, J. - (1.) 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:"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 statement of the petitioner and I accept it as correct. I have no objection. I shall vacate the premises after the expiry of two years from 15-7-76. The purpose of letting shall be residential only."
(3.) Upon this the Rent Controller passed the following order: "This is an application filed under S. 21 of the Act for permission to create limited tenancy for a period of two years from 15-7-76. The purpose of letting shall be residential only and the premises is shown in the site plan Ex. A-1. The proposed agreement is Ex. A-2. From the perusal of the statements of the parties I am satisfied that as at present the petitioner does not require the premises. . Therefore, limited tenancy is allowed to be created for a period of two years from 15-7-76.";