RAM RATTAN BHANOT Vs. FAQIR CHAND

JUDGEMENT

(1.) The question of law of growing public importance which made this reference of these two appeals (S.A.0.83-D and 239-D of J965) to the Division Bench necessary is whether a landlord and tenant governed by the Delhi Rent Control Act, 1958 (hereinafter called the Rent Control Act) can contract out of the provisions of proviso (k) to sub-section (1) of section 14 thereof which runs as follows:

(2.) Town-planning of Delhi started many years ago when the United Provinces Town Improvement Act, 1919 was extended to Delhi and the Delhi Improvement Trust started functioning thereunder. In 1940, two leases of plots in Karolbagh were given to the predecessors in title of the appellants who built houses on them subject to the terms and conditions of the leases. Many of the terms of these leases were imposed with a view to town-planning. One such term was embodied in paragraph l(vi) of the lease deed which was as follows :-

(3.) The Delhi Improvement Trust was later succeeded by the Deni Development Authority established under the Delhi Development .Act, 1957 (hereinafter called the Development Act) which repeated the United Provinces Town Improvement Act, 1919, insofar as it had applied to Delhi. Under section 7 thereof a master plan for