DEWAN ANAND KUMAR Vs. SHAMA MAGAZINE

JUDGEMENT

(1.) The appellants are the landlords of the premises the construction of which was finished in December 1953 and which were let out to the tenant with effect from 1st January, 1954. The tenant applied for the fixation of standard rent of the premises on 20th July 1962. under sections 9 and 12 of the Delhi Rent Control Act. 1958 (hereinafter called the Act). In column IS (a) of the application, the tenant stated as follows :-

(2.) In reply the landlords stated that the contentions of the tenant were wholly unfounded and incorrect. They prayed that the application be dismissed with costs. Before the Controller the tenant argued that his application was within time while the respondents contested the application on the ground that it was barred by limitation. The MAGAZINE Controller did not agree with the tenant that no application lor fixation of standard rent could be tiled within the first seven years from the of the letting of the premises. He, therefore, dismissed the application as barred by time.

(3.) The Rent Control Tribunal also agreed that sections 6 and 12 of the Act did not create any legal bar. to the filing of such an application within the period of two years from the date of the letting as that was the period of limitation fixed for such an application. The Tribunal however thought that the impression created was that for this period of seven years the tenant could not move for fixation of standard rent at a rate lower than the agreed rate and that it was a fit case where the proviso to section 12 of the Act should be invoked to treat the tenant's application as being within time. On this reasoning the Tribunal reversed the order of the Controller and remanded the case to the Controller for consideration of the application on merits. This second appeal by the landlords is against this order of the Tribunal.