RAJA RAMAN DEO SINGH Vs. JAWAHAR LAL BHASIN

JUDGEMENT

(1.) This second appeal is directed against the order of the Rent Control Tribunal dated 1st December, 1972 by which the interim rent for the premises had been fixed at the rate of Rs. 350.00 per month w.e.f. 1st March, 1971 i.e. the date of the application under Section 9 of the Delhi Rent Control Act, 1958, (hereinafter referred to as the said Act.)

(2.) The respondent, Jawahar Lal Bhasin, made an application for fixation of standard rent under Section 9 of the said Act. The Additional Rent Controller, Delhi was required under Section 10 of the said Act to fix as expeditiously as possible the interim rent pending final decision of the said application. The respondent urged in the said application that the demised portion consisted of three bed rooms with attached bath rooms, one drawing cum-dinning room, kitchen, verandah and court yard etc. bearing No. A/88, Defence Colony, New Delhi and the agreed rent of Rs. 600.00 was excessive and the standard rent thereof should not be more than Rs. 300.00 per month. The Additional Rent Controller held that as there was no proof of actual cost of construction or the cost of the land at the time of commencement of construction, nor any evidence of the standard rent of similar premises in the same locality, the agreed rent did n')t call for any reduction at that stage. He therefore, fixed the interim rent at the agreed rate of Rs. 600.00 per month.

(3.) The respondent being dissatisfied appealed under Section 3 8 of the said Act against the said order passed under Section 10 by the Additional Rent Controller on 23rd November, 1971, in suit No. 23 of 1971. The Rent Control Tribunal, however, accepted the appeal and fixed the interim rent at the rate of Rs. 350/" per month w.e.f. 1st March, 1971. In arriving at the decision, the Rent Control Tribunal relied on the sale-deed filed by Rani Padma Wati, the landlady. The sale deed which was filed by Rani Padmawati shows that she purchased this property on 29th December, 1962 for a sum of Rs. 75,000.00 The purchased property was described as one and a half storeyed building. The first floor according to the sale deed consisted of two rooms, bath room, kitchen-cum-dinning room. As such a reasonable assessment of the value of the ground floor would be two-third of the entire sale price i.e. Rs. 50000.00 . The rent calculated at 81 per cent came to Rs. 343.00 per month and the interim rent was fixed at a round figure of Rs. 350.00 per month.