GOBIND RAM Vs. PARKASHSHAUQ

JUDGEMENT

(1.) The question that arises in this appeal is whether Messrs. Sheo Chand Rai Ram Partap v. Jagdish Pershad Shrivastava (I.L.R. 1966 Punjab 269) was correctly decided.

(2.) The appellant Gobind Ram is the tenant of the premises in question. The respondents are the landlords. The appellant applied to the Rent Controller under section 9 of the Delhi Rent Control Act, 1958 for fixation of standard rent. Pending this application, the Rent Controller fixed interim rent at Rs. 95.00 per month under section 10 of the Act. The appellant did not pay or deposit the interim rent as fixed by the Rent Controller. On July 15, 1970, the respondents made an application to the Rent Controller praying for a direction to the appellant to deposit the interim rent fixed by the Rent Controller within a time to be fixed and, upon the appellant failing to do so, to dismiss the application for fixation of standard rent.

(3.) The appellant did not plead any payment but he contended that there was no power with the Rent Controller to pass the orders prayed for by the respondents. The Rent Controller, by order dated March 17, 1971 accepted the respondents' application and ordered that unless the appellant deposited arrears of rent at the rate of Rs. 95.00 per month which was the interim rent fixed within two months from the date of the order, the standard rent petition shall remain stayed. The appellant did not comply with this order and, instead filed an appeal against it before the Rent Control Tribunal. By his order dated March 6, 1972, the Rent Control Tribunal dismissed the appeal and that is how this second appeal came to be filed in this Court.