DEV RAJ BAJAJ Vs. R K KHANNA

JUDGEMENT

(1.) The respondent R.K. Khanna was the tenant of one Bhagwan Das in the disputed premises since 3/1/1969 vide Ex. R-3. Appellant Dev Raj later. on purchased the property and Khanna became his tenant. It is a single storey house. It appears that the tenant filed an application to the Controller for fixation of standard rent, while the landlord filed a suit for ejectment.

(2.) The landlord wanted to construct the first floor. So, an agreement was arrived at between the parties on 9/2/1971. The features of the agreement that are relevant here were as follows :-

(3.) On 16/8/1971, the tenant served a notice to the landlord that he has fraudulently deprived him of accommodation and facilities which were an integral part of the tenancy and therefore he was not entitled to any rent w.e.f. 9/2/1971 until the said agreement is honoured of the premises are restored to their original condition. This notice was acknowledged by a counter notice given by the landlord on 7/10/1971 saying that upon construction of an additional room, the tenant was bound to pay rent at Rs. 410.00 per month for the entire ground floor. The additional room had been constructed in which the stores of the landlord were lying as the tenant intentionally obstructed him in giving final touches to it. It was also stated that he was in arrears of rent for the last two months inspite of repeated demands. In reply on 28/10/1971 the tenant said that the landlord was not entitled to any rent.