KAMAL KISHORE BINAL Vs. AVINASH NAYYAR

JUDGEMENT

(1.) On June 1,1962 Dr. Beli Ram (Since deceased) Jet out the premises in dispute, i.e. 167 Golf Link, Mew Delhi to Smt. Abinash Kaur (Since deceased) on a monthly rent of Rs. 14007-. On January 22, 1963, he filed a petition for recovery-of the possession of the said premises on the allegations that the tenant had not paid arrears of rent since September 1, 1962. Later on, by way of amendment the eviction was also claimed under clause ( J) of the proviso to sub-section (1) of section 14 of the Delhi Rent Control Act, 1958 (for short 'the act'). This petition was admittedly dismissed and there is no challenge to that order in this appeal.

(2.) In the written statement the tenant, however, had prayed for fixation of the standard rent. He also moved a separate application dated March 25, 1963, for fixation of the standard rent as well as the interim rent. It was averred that the costs of the construction of the premises was not more than Rs. 50.000.00 in 1956-57 and the price of the land was not more than Rs. 20.000.00 and consequently the standard rent under section 6(l)(A)(2)(b) of the Act would work out to Rs. 481.00 per month.

(3.) The landlord in his replication averred that the premises in dispute had been assessed at Rs. 1,80.000.00 by the Wealth Tax Officer. The plot of land on which the premises had been constructed was owned by the Government. It bad been given to him by the president of India on lease under an agreement dated February 18, 1953 at the rental of Rs. 302.50 per annum and consequently the market price of the plot underneath the building was incapable of determination.