CHANDER BHAN SHARMA Vs. SURAJ BHAN

JUDGEMENT

(1.) This judgment will dispose of the six Second Appeals, S.A.O. Nos. 315 to 320 of 1969. These Second Appeals have arisen out of six petitions filed by different tenants, for fixation of standard rent in respect of their respective premises which are all in building No. 112-A, Krishan Nagar, New Delhi, in the Court of Shri D. C. Aggarwal, Rent Controller, Delhi. The said petitions were numbered as suits Nos. 26 and 27 of 1968, and III, 112, 113 and 114 of 1967. The premises are used as shops, and each petitioner (hereinafter called the tenant) has one shop in his possession. The rent was originally Rs. 105.00 per month, but was subsequently increased to Rs. 125.00 per month. The tenants contended that the rent was excessive, and that the standard rent for each shop would not exceed Rs. 10.00 per month. The landlord, Chander Bhan, who was the respondent in all the petitions and who is the appellant in all the Second Appeals, contended, inter alia, that the Rent Controller had no jurisdiction to entertain the petitions (suits) on the ground that the Delhi Rent Control Act was not extended to the locality in which the premises were situate. This question was taken up for consideration in the first instance by the Rent Controller, and by his judgment, dated 20th February. 1969, he held that the Delhi Rent Control Act, 1958, did not apply to the area in which the suit premises were situate, and the petitions (suits) were not, therefore, maintainable. He, therefore, dismissed the said petitions (suits).

(2.) Against that judgment. Rent Control Appeals Nos. 348 to 353 of 1969, were preferred by the tenants to the Rent Control Tribunal. Delhi. By an order, dated 25th August, 1969, the Rent Control Tribunal held that the provisions of the Delhi Rent Control Act apply to the premises in dispute. The Tribunal accordingly allowed the appeals, set aside the judgment and orders of the Rent Controller, and remanded the cases to the Court of the Rent Controller for deciding the same on merits after giving the parties opportunity to adduce their evidence on the pleas raised by them. It is against the said orders of remand that the present Second Appeals have been filed by the landlord, Chander Bhan.

(3.) The contention of the appellant-landlord is that the petitions of the tenants for determination of standard rent are not maintainable under the provisions of the Delhi Rent Control Act, 1958, as, according to him. the said Act is not applicable to the area in which the suit premises is situate. The said contention is based on the provision in sub-section (2) of section 1 of the Delhi Rent Control Act, which runs as follows :-