SARDAR BEGUM Vs. JAGDISH CHAND BHANDARI

JUDGEMENT

(1.) These five connected matters (R. F. A. 148-D of 1960 and Civil Revisions 163-D to 165-D and 169-D of 1965) will be disposed of by one main judgment as they relate to the same controversy This litigation arises out of the usual landlord and tenant dispute and had a somewhat chequered career. Facts relevent for our purpose may now broadly be stated.

(2.) Sardar Begum, appellant in the Regular First Appeal and respondent in the four revisions, is the owner of the premises in question. It is common case of the parties thai the building itself was constructed in the year 1945-46 on a lease-hold plot measuring 378.67 square yards on Rohtak Road, Delhi. It appears that during the unfortunate partition of the country in 1947 when India became free from the foreign yoke, Jagdish Chand Bhandari happened to occupy the premises in question. As observed by Shri K. S. Sidhu, learned Senior Subordinate Judge, the circumstances in which this was done are shrouded in mystery. Sardar Begum was apparently in Calcutta and the Custodian of Evacuee Property. New Delhi, seems to have taken charge of this property. On 28-10-1955, this property was restored to Sardar Begum by the Custodian Department.

(3.) On 29-7-1960. Shri S. S. Kalha, Subordinate Judge 1st Class, Delhi, disposing of the standard rent and eviction proceedings by one order held the standard rent proceedings to be barred by time and on that basis he decreed the rent suit for a sum of Rs. 1,440.00 at the rate of Rs. 40.00 per month which he found to be the agreed rate. R. F A. 148-D of 1960 is an appeal by Sardar Begum from this rent decree.