KRISHAN CHANDER Vs. CHHAIL BEHARI

JUDGEMENT

(1.) The only point involved in this appeal is whether the appellant-tenant's application for fixation of standard rent is within time. In May, 1941, the premises consisting of four rooms, verandah and a garage, were let out by the respondent landlord to the appellant of Rs. 536 per month. The landlord filed a suit for eviction, which was decreed on February 7, 1957 Subsequently, the tenant surrendered two rooms and the garage to the landlord. On March, 31, 1962, the respondent landlord gave back to the appellant one room and a new tenancy in respect of three rooms commenced with effect form 1st April, 1962, at Rs. 70 per month as rent. On April 23, 1962, the landlord filed an application for execution of this eviction decree, dated February 7, 1957, which was dismissed, the court holding that a fresh tenancy had been created after the eviction decree. On July 27, 1965, the landlord's appeal against the said order was also dismissed.

(2.) The appellant-tenant then filed an application on June 10, 1966, for fixation of standard rent under sections 6 and 9 of the Delhi Rent Control Act, 1958. Under section 12 of the said Act, such an application should have been filed within two years from the commencement of the tenancy, which had commenced in this case on April, 1, 1962. The application, therefore, could be filed up to March 31, 1964. The application dated June 10, 1966, was obviously barred by time. The contention of the learned counsel for the appellant is that the respondent-landlord having created disputes and doubts about the creation of the new tenancy, the appellant could not apply for fixation of standard rent before the dismissal of the landlord's appeal on July 27, 1965. It, is contended that his status as a tenant remained in doubt before that date.

(3.) According to,the allegations of the appellant himself, the doubts, if any, about the appellant's status under the fresh tenancy were created f6r the first time on April 23, 1962. Doubts are not alleged to have been created from the very beginning. The fresh tenancy had started from April 1,1962, and the right to file application' for fixation of standard rent under section 9 also accrued on (hat very date. The period of limitation for filing the application started running. The creation of doubts, if any, at a subsequent stage, are of no relevancy. There is no provision in the Act under which the starting point of limitation can be postponed or the running of limitation can be suspended.