GYAN CHAND Vs. CHAMAN DASS

JUDGEMENT

(1.) This second appeal is directed against the judgment and order dated Aug. 13, 1964 of the learned Rent Control Tribunal, Delhi. upholding the order of the Additional Controller, who held that the appellant's application for fixation of standard rent was barred by time. Shri Gyan Chand Swara is the tenant in shop No. 24, situated in Defence Colony Market, New Delhi under the respondent-landlord. This shop was constructed by the Government in 1957 and was sold to the respondent in an auction. The respondent-landlord was given possession of the same on April 10, 1959 and the shop was let out to the appellant on Dec. 1, 1959 at Rs. 225 per month. On Nov. 22, 1963 the present appellant filed an application under section 9 of the Delhi Rent Control Act, herein called 'the Act', for fixation of standard rent on the ground that the agreed rent was excessive and the standard rent could not exceed Rs. 50 per month. The allegations of the appellant were controverted by the respondent-landlord, who raised a preliminary objection that the application was barred by time in accordance with section 12 of the Act. The objection of limitation was accepted by the Controller, who dismissed the appellant's application with costs.

(2.) In appeal the learned Rent Control Tribunal concurred with the Controller and dismissed the appellant's appeal, as stated above. The appellant has come up in second appeal to this court. The only question raised by the bar is whether the appellant's application for fixation of standard rent was barred by time under the provisions of section 12 of the Act ?

(3.) Sec. 6 of the Act deals with the standard rent. Sub-section (2) (b) of this section is relevant for our present purpose and is reproduced as hereunder:-