ZOHRA BAI Vs. ABDUL WALI

JUDGEMENT

(1.) This is an appeal against the order of the Rent Control Tribunal by which he set aside the order of the Rent Controller and directed the respondent/tenant to pay the arrears of rent @ Rs. 18.00 per month w.e.f. 13/11/1969. The Rent Controller had directed the payment of arrears @ Rs. 50.00 per mensern.

(2.) The petitioner/landlord has filed an eviction petition on the ground of nonpayment of arrears of rent under clause (a) of proviso to sub-section (1) of section 14 of the Delhi Rent Control Act (to be culled the Act). The landlord who had purchased his property from the custodian had been given the sale certificate in 1964. He moved application for fixation of.standard rent. The Rent Controller by an order of 22/9/1966 fixed Rs. 50.00 per mensern as the standard rent. That order was sought to be set aside by the tenant but he failed before the Rent Control Tribunal. At the time when the eviction petition was filed by the landlord on 29/3/1972 the tenants' appeal against the fixation of standard rent being S.A.O. 253/69 was pending in this court (which was however, ultimately dismissed on 17/2/1975). When the application under Section 15 1) of Act was taken up by the Rent Controller a plea was made by the the tenant/respondent that as the second appeal for fixation was pending in the High Court the Standard Rent has not been finally fixed and therefore the order that could be passed under section 15(1) could only be the amount calculated at the rate of rent at which it was last paid which was admi tedly ( Rs. 18.00 per mensern. The Rent Controller however, accepted he landlord's plea and directed the payment of arrears of rent @ Rs. 50.00 per mensem. It may be mentioned that he also held that the standard rent was liable to be paid w e f. 1/1/1966 The arrears of Rs. 2854.00 that were directed to be paid undoubtedly included the rent for the period from 12/1/1964 to 31/2/1965,@ Rs, 18 per mensem and from 1/1/1966 to 31/3/1972 @ Rs. 50.00 per mensem. It was common case that the last rent which the tenant had paid was upto 12/11/1969 and that he had paid Rs. 18.00 p.m. The tribunal on appeal by the tenant I eld that the rent which could be asked for by the landlord must be legally recoverable rent. On that finding evidently the arrears prior to 3 years before the filling of the suit were time barred and could not be ordered to be recovered. As the landlord did not dispute that rent thought Rs. 18.00per mensern had been paid upto 12.1 1.1969 the tribunal directed the tenant to pay arrears (a] Rs. 18.00 per mensern w. e. f. 13/11/1969. The landlord has come up in appeal against the said order.

(3.) So far as the finding of the tribunal that the landlord is not entitled to an order of payment of arrears prior to 13.1 1.1969, is concerned the counsel for the appellant Mr. Mathur connot seriously dispute it. The recovery for the period prior to 3 years before the institution of the suit is obviously time barred and the rent for that period is not legally recoverable. The tribunal was therefore right in ordering payment only with effect from 13/11/1969.