KRISHAN KUMAR Vs. LALA RAM SARUP KHANNA

JUDGEMENT

(1.) This is a revision petition by Krishan Kumar defendant in a suit for recovery of rent pending in the Court of Shri Man Singh, Subordinate Judge, Delhi and the impugned order is of the Subordinate Judge, dated 30th of March 1966, whereby he refused the petitioner's application under section 151 of the Code of Civil Procedure for stay of the suit.

(2.) In the suit which was instituted on the 26th of February 1965, the plaintiff land lord Ram Sarup Khanna claimed arrears of rent for the period 1st of December 1963 to 28th of February 1965, at the agreed rate of Rs. 250.00 per mensern. The application by the defendant for stay was made on the ground that be had earlier to the institution of the suit, i.e. on the 20th of February 1963. made an application to the Additional Rent Controller, Shri P. C. Saini under the provisions of section 9 of Delhi Kent Control Act, 1958 (Act No. 59 of 1958) for the fixation of standard lent of the premises and that application was still pending. The trial court alter considering the arguments advanced by the counsel for the parties observed that the suit was on the basis of agreed rate of rent and the defendant had a right under the Delhi Rent Control Act to recover any excess rent paid by him. There was no inconvenience to the defendant if he paid the rent in respect of the suit period to the plaintiff. On the other hand if the suit was stayed till the decisn of the application for fixation of standard rent, then the plaintiff will be put to inconvenience as one did not know when the application for fixation of standard rent will be decided finally.

(3.) Mr. Daljit Singh, learned counsel for the tenant-petitioner, has referred to section 4 of the Delhi Rent Control Act, according to which no tenant (with an exception with which we are not concened) shall not withstanding any agreement to the contrary, be liable to pay to his landlord for the occupation of any premises any amount in excess of the standard rent of the premises, unless such amount is lawful increase of the standard rent in accordance with the provisions of this Act. Under section 5 no person shall claim or receive any rent in excess of the standard rent, not withstanding any agreement to the contrary. However, under section 6 (2) (b) in the case of any premises constructed on or after the 9th of June 1955, the annual rent calculated with reference to the rent agreed upon between the landlord and the tenant when such premises were first let out shall be deemed to be the standard rent for a period of five years from the date of such letting out. Section 7 provides for lawful increase of standard rent in certain cases and recovery of other charges. Under sab-section (7) of section 9 in fixing the standard rent of any premises under this section, the Controller shall specify a date from which the standard rent so fixed shall be deemed to have effect provided that in no case of the date so specific shall be earlier than one year prior to the date of the application for fixation of the Standard rent. Under section 10 where an application is made under section 9, the Controller shall, as expeditiously as possible, make an order specifying the interim rent to be paid by the tenant to the landlord pending final decision on the application. Under section 13 refund of rent paid in excess of the amount permissible under the provisions of the Act can be obtained on an application made to the Controller within a period of one year from the date of the excess payment. Section 14 gives certain specific grounds on which the landlord may apply for eviction of the tenant and under section 50(1) the Rent Controller is given exclusive jurisdiction to entertain proceedings for the fixation of standard rent as well as proceedings for the eviction of a tenant and such other matters which the Controller is empowered under the Act to decide.