SHRI ARJAN DASS BHASIN Vs. SHRI BABU LAL

JUDGEMENT

(1.) This second appeal has been filed under section 39 of the Delhi Rent Control Act 59 of 1958 (hereinafter called the Act) by the landlord and is directed against the appellate order of the Rent Control Tribunal, Delhi, dated 31st March, 1965, by which he has dismissed the appeal and upheld the order of the Additional Rent Controller dated 16th November, 1965, finally holding that the application of the respondent before me filed under sections 6 and 9 of the Act for fixation of standard rent was within limitation.

(2.) The facts of the case lie in a narrow compass. The property in dispute belonged to the Custodian and it is alleged that the respondent was an allottee of the same under the Custodian on a rent of Rs. 10/- per month and subsequently on 13th December, 1956, the property was sold by public auction to the appellant before me who was given provisional possession of the same on 17th September, 1957. The certificate of sale was not issued on the said date but it appears to have been issued some time later. The counsel for the parties are, however, unable to assist me on the said fact.

(3.) However on 17th September, 1957, the respondent before me executed a rent note in favour of the appellant in respect of the tenanted premises and agreed to pay Rs. 40/- per month as rent. Thereafter on 20th August. 1964, the respondent-tenant filed a petition for fixation of standard rent under sections 6 and 9 of the Act.