GURCHARAN SINGH Vs. HANS RAJ

JUDGEMENT

(1.) The question in this appeal turns mainly on the interpretation of section 12 of the Delhi Rent Control Act, 1958. The tenant filed a petition for the fixation of standard rent of the premises in question. The premises were let out to the tenant on 2nd March, 1963, and the petition was filed on 19th July, 1966, that is, after the expiry of more than two years from the date of letting. The landlord objected to the maintainability of the petition on the ground that it had been beyond the time prescribed by section 12 of the said Act. The tenant then made an application for condonation of delay under the proviso to section 12. Two grounds were set up in the said application-

(2.) The learned Additional Rent Controller by his order dated 13th June, 1968, decided that-

(3.) In coming to this conclusion the Additional Rent Contoller repelled the argument of the landlord that the tenant's plea was not plausible because he had applied even before the expiry of five years on the ground that the tenant was never asked to explain why he had filed the petition before the expiry of the said five years. If he had been asked he may have come out with a legitimate explanation, such as legal advice before the expiry of five years that the impression of the tenant was not correct.