LAWS(DLH)-1999-5-123

MEC INDIA PRIVATE LIMITED Vs. INDER MAIRA

Decided On May 28, 1999
MEC INDIA PRIVATE LIMITED Appellant
V/S
LT.COL.HARJEET SINGH Respondents

JUDGEMENT

(1.) This Civil Revision raises an interesting question of law with regard to landlord-tenant relationship in the post Rent Act era.

(2.) Premises No. L-3 Kanchanjunga, 18 Barakhamba Road, New Delhi, being aloft (upper ground floor) premises measuring 783 square feet and owned by the respondents Lt. Col Inder Maira and Others, were leased out on 1.4.1982 for a fixed term of three years to M/s. M.H.C. (India) Private Ltd., the petitioner-tenant at a monthly rent of Rs. 4,500/ - Lease Deed dated 1.4.1982 was executed but the same was not registered. In May, 1985 the rent was increased by 10% from Rs. 4,500.00 to Rs. 4,950.00 . It is common case of the parties that the purpose of the lease was commercial, the premises are also situated in what is a commercial multi-storeyed building on Barakhamba Road, New Delhi, and that there is no registered instrument of lease either for the original grant of 1982 for three years, for any later or renewed term.

(3.) Till 30.11.1988, the tenancy of the petitioner was protected under the Delhi Rent Control Act. That protection, ceased to be available to the tenant with effect from 1.12.1998. This was because Section 3(c) was inserted in the Delhi Rent Control Act, and the Rent Act was no longer applicable. The relationship between the parties came to be governed solely by the Transfer of Property Act, 1882. It is also common case of the parties that notice to quit dated 16.8.1991 was served by the landlord upon the tenant whereafter on 12.7.1991, Suit No. 306 of 1991 for ejectment of the tenant (petitioner herein) was filed. Summons in the suit were served and after the defendant-tenant had entered appearance, that suit for ejectment was dismissed for default of plaintiff's appearance on 23.9.1993 by the Court of Ms. Mamta Singla, Sub-Judge, 1st Class, Delhi.