MARYS SCHOOL Vs. HENRY BROOKS

JUDGEMENT

(1.) This second appeal under Section 39 of the Delhi Rent Control Act 1958 (hereinafter called 'the Act') is directed against the order dated 23rd September, 1980 of the Rent Control Tribunal confirming the order dated 7th April, 1980 of the Additional Controller fixing the interim rent of the suit premises at Rs. 201.60 per month with effect from 1st April, 1980,

(2.) The Appellants took on rent the premises at A-1, Model Town, Delhi at Rs. 500.00 per month with effect from 15th May, 1971. An application for fixation of standard rent was filed on 18th September, 1 972 claiming standard rent at Rs. 95.00 per month. The Additional Controller fixed interim rent effective from 1st April, 1980, The appellants filed an appeal without any success. Hence this second appeal.

(3.) Learned counsel for the appellants has raised two questions : (i) that the interim rent of Rs. 201.60 is excessive and (ii) that the interim rent should be made effective within the meaning of Section 9 (7) of the Act i.e. from a date within one year of the filing of the application for fixation of standard rent. As regards the first question, it appears that the matter regarding fixation of standard rent is still pending and it is only a temporary arrangement that the Additional Controller determined the estimated cost of construction at 32.25 .and determined the interim rent at Rs. 201.60 per month. No substantial question of law is raised as regards quantum. The interim rent being a temporary measure, I do not propose to interfere with the same in the second appeal. The interim rent fixed by the Additional Controller and confirmed by the Rent Control Tribunal, however, is not a bar for the appellants to agitate for the fixation of standard rent at a lower figure in the proceedings pending before the Additional Controller.