RAM DEV Vs. CHAMAN LAL

JUDGEMENT

(1.) Ram Dev, a tenant has filed this second Appeal against the order of Shri Mohan Lal Jain, Rent Control Tribunal Delhi, dated September 19, 1968, in Rent Control Appeal No. 583 of 1967, modifying an order of Shri P. C. Saini, Additional Rent Controller, Delhi dated February 20, 1967, whereby he rejected the plea of standard rent raised by the tenant but directed the tenant to pay the agreed rent of Rs.70.00 per month.

(2.) The respondent herein, Chaman Lal, filed two applications, one after the other, for recovery of possession of the premises in dispute N'o. 4/C/10, situated in Rajindar Nagar New Delhi, which is under the tenancy of the appellant herein at Rs. 70/ - per month The premises n questions consists of one room with open courtyard shown in red in the plan filed by the respondent herein. In the application No. 923 of 1-64 which was filed earlier, tie respondent herein saught eviction on five. grounds provided in clauses (a), (t) (g) and (k) of the proviso !o sub-section (i) of section 14 of the Delhi Rent Control Act, 1958, while in the second application No. 452 of 1965, he sought eviction on the grounds provided in clauses (b) and (h) of the a foresaid proviso. The appellant herein (tenant) resisted both the applications. He also raised a plea of standard rent in reply to an application made by the respondent herein under section 15 (2) of the Act. By-an order, dated February 20, 1967, the Additional Rent Controller held that none of the grounds for eviction was established. But, on the plea of standard rent, he held that there was no evidence on which he could determine the standard rent of the premises in dispute, and that since the onus of proving the standard rent was on the tenant which he had failed to discharge, he could not but reject the plea of standard rent raised by the tenant in defence in his reply to the application mid- by the landlord under section 15 (2) of the Act. He observed that as a result of his finding the tenant shall have to pay arrears of re it at the agreed rate of Rs 701- per month and that he should pay the difference between the agreed rent of Rs. 70.00, per month and the interim rent fixed at Rs. 50.00, per month. The Additional Rent Controller also held that the tenant would be entitled to Rs. 70.00, on account of repairs found to have been effected by him. In the result, he dismissed both tha applications for eviction as well as the plea of standard rent, but declared that the tenant should pay rent to ths landlord as directed in his judgment.

(3.) The landlord, Chaman Lal, did not file any appeal against the said order. The tenant, Rim Dev preferred an appeal. Rent Control Appeal No. 583 of 1967, to the Court of ths Rent Control Tribunal, Delhi, so far as the fixation of the standard rent was concerned. By order, dated September 19, 1968 the Rent Control Tribunal, fixed the standard rent at the agreed rate of rent of Rs. 70.00, per month, and thus modified to that extent the order of the Additional Rent Coitroller. It is against that order of the Rent Control Tribunal that the present Second Apoeal has been filed by the tenant. Ram Dev.