IQBAL RAI Vs. RAM PARTAP

JUDGEMENT

(1.) In January, 1958, Iqbal Rai applied for fixation of Standard rent of a portion of a single storeyed building in Shakti Nagar, Delhi. He stated that he was a tenant under the respondent, landlords at Rs. 90.00 per month from and July 1957 but the agreed rent was exorbitant. This application was contested and the learned Saborninate Judge 1st Class, by his order dated 24th November 1959, fixed the standard rent at Rs. 600.00 per annum which comes to Rs. 50.00 per month. This was fixed with effect from 30th December, 1957.

(2.) Ram Partap Bhandari and S.N.Bhalla, defendants in the trial Court, took the matter on appeal before the learned Senior Subordinate Judge, who iaised the standard rent to Rs.75.00 per month by his order dated 14th February, 1981. The present revision against that order presented in 1961 has come up for final disposal today, about 7 years latter.

(3.) The learned counsel for the petitioner tenant has very strongly argued that the order of the learned Senior Subordinate Judge suffers from serious legal infirmities. According to him, the statute had fixed the rent of the premises in dispute by reference to the first letting which was at the rate of Rs. 50.00 per month. It may be pointed out that admittedly, it was at that time let out in two separate units fetching Rs. 25.00 each per month. The respondents' counsel submits that this cannot be the first letting of the premises which are now in dispute, for they are one unit consisting of both the earlier flats. The second point urged by the leaned counsel for the petitioner is that the only criteria on which the standard rent could be fixed was the value of the rent and the cost of construction, and proceeding to fix the standard rent by reference to the present amenities is contrary to law. According to him, if there were some improvements in the amentities by repairs and so on, all that the landlords was entitled to was a certain increase on the basis of the expenses incurred in farther repails.