KIRPA RAM Vs. ISHWAR DASS

JUDGEMENT

(1.) This judgment will dispose of SAO 151 of 1973 also Two appeals, by the same appellant, perhaps became necessary by reason of their having been an appeal and cross-appeal by the landlord and tenant, respectively, which were disposed of by a common judgment. The landlord is the appellant in this appeal.

(2.) The question for determination in this second appeal is concerning the fixation of standard rent of a portion of the landlord's building bearing No. B-15, Rana Partap Bagh, Delhi, admittedly a busy locality, where there are plenty of other shops. The shop in question was let out by the appellant to the respondent/tenant on 10.10.1967. A rent deed (Ex. R. W. 6/1) was also executed for a period of 11 months agreeing to pay a sum of Rs. 125/- per month as rent of the premises. Reference was made to the rent note in the application for fixation of standard rent and this fact was not repudiated in the written statement. A copy of the same was filed by the tenant along with the replication and during the course of his examination the landlord was directed to file the original rent deed which he filed and was exhibited without any exception being taken to any of the terms mentioned therein.

(3.) The Additional Rent Controller (Shri P. K. Jain) fixed the standard rent of the shop at Rs. 51.25 per month w. e. f. 9.8.1963. The Rent Control Tribunal (Shri G. C. Jain) fixed the standard rent at Rs. 25/- per month with effect from 1-8-1968 on the ground that the tenant had himself prayed for Rs, 25/- being fixed as a standard rent despite the standard rent having to be fixed only at Rs. 20.62 per month on the principles applied and calculations made by the Tribunal.