HARISH GOEL Vs. MEGA OVERSEAS PRIVATE LTD

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal filed under Section 96 of Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dated 16.11.2011 dismissing the suit filed by the appellants/plaintiffs for possession and mesne profits by allowing the application filed by the respondent/defendant under Order 12 Rule 6 CPC.

(2.) A preface is necessary before turning to the facts of the present case. A Division Bench of this Court in the judgment reported as Raghunandan Saran Ashok Saran Vs. Union of India 95 (2002) DLT 508 has held that provisions of fixing the standard rent under the Delhi Rent Control Act, 1958 (hereinafter referred to as ,,the Act) under Sections 4,6 and 9 were ultra vires the Constitution and were struck down.

(3.) IN addition to the reasoning given in the judgment of Model Press Pvt. Ltd. (supra) I must state that there is a statutory mechanism existing under the Delhi Rent Control Act, 1958 for increase of the rent. This statutory mechanism is contained in Sections 6A and 8 of the Act. As per these provisions, rent can be increased every three years by 10% upon a notice sent by the landlord and the rent enhanced by 10% will be payable after the expiry of 30 days from the date on which the notice is given. Sections 6A and 8 of the Act read as under:-