INDIAN AIR GASES LIMITED Vs. TARAWATI SOOD

JUDGEMENT

(1.) The present petition arises out of an application under Section 15(2) of Delhi Rent Control Act, 1958 (hereinafter re Rferred to as the Act') whereby respondent was sought to be directed to pay or deposit rent of the tenanted premises at the rate of Rs.3,630.00 per month with effect from 1/4/1996.

(2.) The petitioner was inducted tenant on a monthly rent of Rs.3,000.00 vide lease-deed dated 10/7/1978 and was called upon by the respondent through notice dated 5/12/1992 to increase rent by 10 per cent. The rent was increased to Rs.3,300.00 with effect from 1/2/1993. Another 10 per cent increase fell due after three years of previous increase under Section 6A of the Act and the respondent sent notice dated 30/1/1996 calling upon the petitioner to increase the rent to Rs.3,630.00 per month. This notice was sent through registered post and it was duly served for which postal receipt and AD card were filed with the application. Despite service of notice petitioner did not pay due rent at the rate of Rs.3,630.00 per month. Therefore, the respondent/landlady moved the proceedings under Section 15(2) of the Act. This plea was opposed by the petitioner and it was argued that even increase of rent earlier to Rs.3,300.00 was illegal and void. The increased rent was paid on the understanding that respondent will withdraw the present proceedings.

(3.) The learned Additional Rent Controller assessed the pleadings of the parties and came to the conclusion that the respondent was entitled to get rent enhanced by 10 per cent after she issued notice for such enhancement to the petitioner which, prima facie, appeared served on the record on the basis of registered cover notice and AD card as well as postal receipts which were placed on record. The findings are recorded in paragraph 5 which are reproduced as follows: