MEHTA RADHA KISHAN Vs. RAJ RANI

JUDGEMENT

(1.) This Second Appeal has been filed against the order of Shri Pritam Singh Pattar. Rent Control Tribunal, Delhi, dated 20th March, 1963 in Rent Control Appeal No. 68 of 1963 on his file.

(2.) The appellant in this Second Appeal is Mehta, Radha Krishna, According, to him, he became a tenant of the Custodian, in 1948 in respect of a portion of the suit primises, and the rent payable by him to the Custodian was Rs. 6.50 nP. The respondent herein. Shrimati Raj Rani, wife of Shri Mehta Puran Chand, Advocate, purchased the entire building in 1957, and the appellant therein became her tenant. Immediately after the purchase, the respondent herein filed an application on 1st September, 1957, in the Court of Shri B. R. Guiliani, Sub-Judge, 1st Class, Delhi, under the Delhi and Ajmer Rent Control Act No. 38 of 1952, for fixation of standard rent against all the tenants in the building including the appellant herein. It appears that the application was dismissed against all the tenants in 1960, and the respondent preferred an appeal to the Court of the Additional District Judge, Delhi. The case was remanded to the Civil Judge in April, 1961, by the Additional District Judge. After the remand Shri Guliani, by an order, dated 21-8-1961, fixed the standard rent for the portion in the occupation of the appellant herein at Rs. 25.00 per month- Subsequent to the filing of the application before Shri Guliani, the Delhi Rent Control Act No. 59 of 1958, was passed, and it came into force on 9th February, 1959. It appears that in view of the passing of the new Act, the respondent herein filed another application for fixation of standard rent against the appellant herein in the Court of Shri B. L. Mago, Rent Controller, Delhi. on 3rd February, 1961, under the provisions of the Act of 1958. It was while the said application was pending that appeal which arose out of the application filed in 1957 was allowed and the case was remanded. Thus, after 3rd February, 1961, two separate applications for fixation of standard rent between the same parties were pending, one before Shri Guliani, Sub-Judge, 1st Class, Delhi, under the 1952 Act and the other before Shri B. L. Mago, Rent Controller, Delhi, under the Act of 1958.

(3.) On 9th October, 1961, the counsel for the parties before Shri B. L. Mago made statements in the Court. The said statements and the proceedings on that date were recorded in Urdu and a translation of the same has been filed by the learned counsel for the appellant herein. According to the said translation, Shri Lakshmi Chand Nanda, counsel for the appellant herein who was the respondent before Shri B. L. Mago, made the following statement:-