KUNDAN LAL Vs. KUNJ LAL AND OTHERS

JUDGEMENT

(1.) The Common point for determination in all these appeals is the period from which the standard rent as fixed by the Rent Control Tribunal is payable by the tenants if they wish to avoid eviction from the premises. The cases out of which the present appeals arise were disposed of by the Rent Controller as well as the Rent Control Tribunal by a common order and therefore the present appeals are also disposed of by this judgment.

(2.) Applications were filed by the landlords of the premises concerned for the eviction of the tenants on the ground of non payment of rent. These applications were resisted by the tenants on various grounds. It is not necessary to refer to all these grounds, because they no longer survive at the present stage. One of the grounds raised by the tenants and which still survives was that the contractual rent was far in excess of the standard rent payable in respect of the premises and that they were prepared to deposit the standard rent as fixed by the Rent Controller. The Rent Controller therefore, proceeded to fix the standard rent. On a consideration of the evidence led by both the parties, he was of the view that the premises in question were constructed In the year 1944-45 and that therefore, the standard rent of the premises has to be fixed under section 6(l)(b) of the Delhi Rent Control Act 1958 (hereinafter referred to as the Act). Then on the basis of the data available on record the learned Rent Controller determined the standard rent for each of the premises in dispute at Rs. 12 65np per month. He also held that this rent will take effect from the date of the application filed by the landlords. Inasmuch as the amount which had already been deposited by the tenants was in excess of the standard tent as fixed by the learned Rent Controller, he held that the defendants were not liable to be evicted. The applications of the landlords for the eviction of the tenants were, therefore, dismissed.

(3.) The landlords preferred appeals before the Rent Control Tribunal. The latter, while agreeing with the findings of the learned Rent Controller that the premises in dispute were constructed, in 1944-45 and, that they were let out to the tenants after 2nd June 1944 and also that the standard tent was to be fixed under section 6(l)(b)(ii) of the Act, however, fixed the standard rent in respect of the premises other than those in the occupation of Dev Raj at Rs. 20 12p per month and that of the premises in the possession of Dev Raj at Rs. 17/- per month. This standard rent was to take effect from the date of the applications filed by the landlords for eviction. With regard to the period prior to the date of these applications the learned Tribunal, however, held that the tenants were liable to pay the rent at the contractual rate. He, therefore, passed orders for recovery of possession of the premises by the landlords subject to the condition that if the tenants paid the arrears of rent at the contractual rate from 5th April, 1957 till the respective dates of the applications filed by the landlords and thereafter at the rate of the standard rent as fixed by him, the order for eviction should stand vacated. The present appeals are filed by the tenants against this order of the learned Rent Control Tribunal.