BHARAT STEEL TUBES LIMITED Vs. RAGHUBIR KAUR

JUDGEMENT

(1.) . In the judgment of the Supreme Court reported as (1995) I SCC 104=JT (1994) 7SC 114, (D.C. Bhatia & others v. Union of India & another), it has been held that the premises, rent whereof is more than Rs. 3500 per month, is outside the purview of the Delhi Rent Control Act.

(2.) Mr. Arun Mohan, appearing for the appellant, contends that in the instant case the first letting of the premises was less than Rs. 3500 per month, and on that account, by virtue of the provisions of section 6(2)(b) of the Delhi Rent Control Act, the rent on which the premises was first let, becomes the standard rent of the premises, and it is unlawful to receive the rent higher than the rent payable at the first letting. The rent payable at the first letting was Rs. 2936.25 p. per month as on 13-5-1980 and the rent paid at the time when the eviction was sought on 5-2-1990, was Rs. 3908. Mr. Arua Mohan further contends that the rent of Rs. 3908 was not receivable lawfully, as the standard rent which was fixed for the premises on first letting was Rs. 2936.25p.

(3.) A reading of the provisions relied upon by Mr. Arun Mohan itself show that the standard rent is deemed to be the standard rent for a period of five years only. In this view of the matter, the standard rent of Rs. 2936.25p. was the standard rent only up to 1985, when the period of five years letting was over.