Y.L.B. POPLI Vs. REMEDIES (INDIA) PHARMACEUTICALS

JUDGEMENT

(1.) THIS is plaintiff's appeal against the judgment and decree dated 5 March, 1975 by the Additional District Judge, Delhi, by which he dismissed the suit of the plaintiff for mandatory injunction directing the defendants to leave and vacate his premises being the ground floor of property bearing No. C-102, Kirti Nagar, New Delhi Defendants numbered four, defendants 2, 3 and 4 being the partners of the first Defendant. These defendants are now respondents in this appeal. Plaintiff claimed that the defendants were licensees and their licence having been terminated, they refused to vacate the premises. Defendants, however, disputed this claim of the plaintiff and said that they were tenants and were occupying the premises at a monthly rent of Rs. 400/-. They said they were protected by the provisions of the Delhi Rent Control Act, 1958 (DRC Act' for short). When the plaintiff originally presented his plaint though he valued the suit for purposes of jurisdiction at Rs. 50,000/-, he paid a fixed court fee of Rs. 19.50. A preliminary issue was framed as to whether the suit was properly valued for purposes of court fee and jurisdiction. This issue by order dated 17 May, 1969, was held against the plaintiff and he was asked to pay court fee on the amount of Rs. 50,000/-. The court held that the court fee had to be fixed on the value of the property as stated by the plaintiff and though the licence was revoked, the licensees, i.e. the defendants, were in possession of the premises.

(2.) ON pleadings of the parties, the following issues were framed :-

(3.) THE plaintiff appeals. The case of the plaintiff in short had been that he always intended to let out the premises in question under section 21 of the DRC Act. Under this section, where landlord does not require the whole or any part of the premises for a particular period, he after obtaining the permission of the Rent Controller in the manner prescribed may let out the whole of thue premises or part thereof as residence to the tenant for such period as might be agreed in writing between them and then the tenant has to vacate the premises after expiry of the said period. Plaintiff said that it was on 17 August, 1968, that the defendants agreed to take the premises on rent under the provisions of Section 21 of the DRC Act. These premises have been described in the plan (Ext. PW5/3). These premises are three bed rooms, drawing dinning, kitchen, attached baths and a verandah. From the plan it can be said that the premises are residential in nature. Plaintiff said that letting of the premises was to be done only after permission had been obtained from the Rent Controller under Section 21 of the DRC Act. However, as the plaintiff was a resident of Bombay and there was no authority in favour of his property broker Mr. M.A.S. Anand in New Delhi who was looking after the property in the absence of the plaintiff, application could not be filed under section 21 of Act. On the representation of the defendants, however, they were allowed to occupy the premises as licensees till such time permission under section 21 of the DRC Act was obtained. This was on 18 August, 1968. Plaintiff visited Delhi in the end of December, 1968 and required an application to be filed under Section 21 of the DRC Act and for that purpose he instructed his counsel Mr. A.P. Gupta, Advocate. The defendants, however, refused to sign the application and to file the same though earlier they had agreed that tenancy would be only under Section 21 of the said Act. Plaintiff says he never wanted the defendants to be his tenants outside section 21 of the DRC Act. He, therefore, withdrew his permission to use the premises by the defendants as licensees and by notice dated 20 January, 1969 (Ext. PW5/7) asked them to discontinue the use of the premises and to vacate the same. The defendants replied by their letter dated 24 January, 1969 (Ext. PW5/9) stating that they were the tenants and, thus, repudiated the notice of the plaintiff. The plaintiff filed the suit on 30 January, 1969.