STANDARD PHARMACEUTICALS LIMITED Vs. GYAN CHAND JAIN

JUDGEMENT

(1.) In these matters, the question of condonation of delay is required to be decided along with interpretation of term "rent".

(2.) First the facts are given in brief hereinbelow to appreciate the respective contention of the parties. On 1st April, 198 the premises in question was let out to M/s. Standard Pharmaceutical Ltd. 24, Park Street, Calcutta. The case of the plaintiff respondent was that after the lapse of 11 years, rent was increased from Rs. 2,000 to Rs. 2,500/- w.e.f. 1/04/1983 after and five years the rent was further increased to Rs. 3,000.00 w.e.f. 1/04/1988. The plaintiff landlord by notice dated 5/01/1991 after the amended Rent Control Act came into force on 1/12/1988 - gave a notice and increased the rent by 10%. Consequently, the rent became Rs. 3,300.00 per month w.e.f. 1/04/1991. The defendant paid the rent at the rate of Rs. 3,300.00 per month upto 31/07/1991. Thereafter, they failed to pay the rent. The plaintiff filed a petition for eviction before the Rent Controller. The proceedings before the Rent Controller continued. On 14/02/1994, the defendant in terms of Section 6A read with Section 8 of the D.R.C. Act gave a notice increasing the rent further by 10% from.Rs. 3,300/- per month to Rs. 3,630.00 per month and filed the suit.

(3.) The petitioner/tenant disputed the jurisdiction of the Civil Court under Section 50 of the Delhi Rent Control Act and submitted that there was no cause of action. The petitioner denied that the rent was ever increased from Rs. 2,000.00 to Rs. 3,300.00. However, in para 1 of the reply of the written statement, the defendant petitioners mentioned his plea as under :-