SHANTI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is an old widow of 72 years of age and is owner of a house, the accommodation of which consists of 10 rooms (nine on the ground and one on the first floor), 2 W.Cs. and a verandah in Gandhi Nagar, Delhi. The petitioner made a mistake of wanting to let out the premises to Government and the premises were let out for running dispensary by Delhi Administration. The document relating to the leting out of the property is the handing over document which reads as follows:-

(2.) No lease deed was ex3executed when the said premises were let out The amount of went was not specified and all that was stated was that the rent will be assessed later by the government agency. The possession was taken over by the Delhi Administration on 19th December, 1985.

(3.) The petitioner then kept on representing that she should be paid rent, of course, the respondents did not pay it. On 5th January, 1987, me petitioner was informed that the rent had been fixed at Rs. 3,981.00 per month. In the additional affidavit which has been filed by the respondents it has been stated that the petitioner was asked to submit an application for fixation of rent in a proper form and after the same was submitted the Executive Engineer, PWD Division XXII (Delhi Administration) fixed the rent at Rs. 3,981.00 per month. This was, however, cancelled by the Executive Engineer, PWD Division XXII (Delhi Admn.) on 4th February, 1987 on the plea that he was not empowered to issue the rent fixation certificate and the matter was referred to the Superintending Surveyor of Works-II, PWD (Delhi Administration).