O P KATHPALIA Vs. LAKHMIR SINGH DEAD

JUDGEMENT

(1.) A dispute of a trivial nature between a landlord and now his transferees and the tenant is awaiting disposal for over 3 decades thanks to the literal and unimaginative approach to the provisions of a procedural statute which times without number has been described as one for advancing justice and not to make a mockery of it.

(2.) A bungalow with an attached cottage situated at No. 1. Hailey Road, New Delhi was taken on lease by one E. B. Brook and he inducted the appellant as a sub-tenant in the cottage portion which may hereinafter be referred to as demised premises. Mr. Brook surrendered his tenancy and vacated the portion in his actual possession on April 1, 1955 simultaneously calling upon the appellant to hand over possession of the premises in his possession to the then landlord one Lakhmir Singh, who is no more. Appellant did not vacate the premises in his possession but reached an agreement with Lakhmir Singh, the then landlord on June 20/22, 1955 to become the direct tenant of the then landlord of the premises in his possession on a monthly rent of Rs. 277.50 p. as stated in plaint, effective from May 1, 1955. On October 10, 1955 appellant filed a petition in the Court of Senior Sub Judge, Delhi under S. 8 of the Delhi and Ajmer Rent Control Act, 1952 ('Act' for short ) praying for determination of the standard rent of the premises effective from the date of the commencement of his tenancy. Landlord Lakhmir Singh entered appearance and contested the application inter alia contending that the petition was barred by limitation. The trial Court held that the petition was not barred by limitation and fixed the standard rent at Rs. 855/- p.a. with effect from October 1, 1955. This decision was rendered on Aug. 4, 1960. In the meantime, landlord Lakhmir Singh sold the whole bungalow including the demised premises by a deed of conveyance dated December 21, 1959 in favour of respondents Nos. 2 and 3 who on their own were impleaded in the proceedings.

(3.) The original landlord Lakhmir Singh and the two transferees from Lakhmir Singh preferred an appeal against the order of the learned Single Judge determining the standard rent in the Court of the District Judge, Delhi. The learned District Judge was of the opinion that in view of the provision contained in S. 11 (b) the petition filed by the appellant for fixation of standard rent was barred by limitation. Accordingly the appeal was allowed and the petition of the appellant was dismissed.