GENERAL AUTO PARTS COMPANY Vs. PRITAM LAL THAPER

JUDGEMENT

(1.) This is a revision by a tenant under section 30 of the Delhi and Ajmer Rent Control Act, 1952 (hereinafter referred to as the 1952 Act) directed against the order of the learned District Judge; Delhi, whereby he remanded the case back to the trial Court.

(2.) The landlord had completed construction of hou No. 19/4, Shakti Nagar, Delhi, after 9th June, 1955. On the 4th July, 1958. the ground floor of this house was let out for the first time to M/s General Auto Parts Company at the rate of Rs. 247/8 per month which included Rs. 22/8 as house tax. On 29th December, 1958/the tenant applied under section 8(l)(b) of the 1952 Act for the fixation of standard rent of the premises Before it could be decided the Delhi Rent Control Act, 1958 (hereinafter referred to as 1958 Act) came into force on 9th February, 1959. The trial Court held that in view of the provisions of section 6(2)(b) of 195 8 Act, the agreed rent shall be the standard rent of the permises for five years. The tenant rreferred an appeal against this order and the learned District Judge held that the trial Court should have also determined the standard rent of the premises to be effective after a period of five years from the date the house, was let out to the tenant and thus remanded the case back.

(3.) The learned Counsel far the tenant contends that proviso to subsection (2) of section 57 of 1958 Act shows that the standard rent should be determined under the provisions of 1952 Act and no regard should be given to the provisions of 1958 Act inasmuch as section 6(2)(b) of 1958 Act brings out a radical change in the old Act and takes away the right which had accurued to the tenant to have the standarad rent fixed under the old Act. In order to appreciate the contontion of the contention of the learned counsel, the relevant provisions of the Act may be re-pioduced. Section 57(2) reads as under :-