PREM SHEEL MALHAN Vs. SHANTI SHARMA

JUDGEMENT

(1.) The decision of this case turns on the precise meaning of section 10 of the Delhi Rent Control Act, 1958 (hereinafter called the Act) which runs as under :

(2.) The respondent filed a petition under section 9 of the Act for the fixation of standard rent of the premises belonging to the appellant and occupied by the respondent. Admittedly the respondent was to pay Rs. 300 per month plus Rs. 8.00 as water charges for the occupation of the premises. The respondent pleaded that this payment was by way of rent and that it is excessive and the amount should be reduced and a standard rent should be fixed. The defence by the appellant was two-fold. Firstly, as apreliminary objection, it was pleaded that there was no relationship of landlord and tenant between the parties. The respondent was only a licensee of the appellant. Secondly, if such relationship was established then the amount of Rs. 300.00 per month was a reasonable rent for the premises and should not be reduced in fixing the standard rent.

(3.) The Controller and the Rent Control Tribunal were both of the view that they had to fix an interim rent payable by the respondent to the appellant under section 10 of the Act on a prima facie view of the relationship between the parties without having to decide it finally. They, therefore, fixed interim rent under section 10 at Rs. 100.00 per month holding that primafacie the relationship between the parties was that of landlord and tenant. The Controller then proceeded to take evidence of both the parties with a view to decide finally both the issues nanely, (1) whether the respondent was a tenant or a mere licensee, and (2) if he was a tenant, then at what amount should the standard rent be fixed. The case is still pending with the Controller. In the meanwhile, an appeal was filed by the present appellant against the order of the Controller fixing the interim rent. But the Tribunal dismissed the appeal. Hence this second appeal against the fixation of interim rent at Rs. 100.00.