LAWS(DLH)-1999-5-95

INDER NOTOR DERVICE Vs. HARYANA DAIRY DEVELOPMENT

Decided On May 26, 1999
INDER MOTOR SERVICE Appellant
V/S
HARYANA DAIRY DEVELOPMENT Respondents

JUDGEMENT

(1.) This order shall dispose of an application under Order 12 Rule 6 read with Section 151 CPC. In this case, the plaintiff claims that the defendant is tenant in the premises in suit on monthly rent of Rs.5,926.53.00 under the lease agreement dated 9th April, 1988. Receipt of notice Ex.P-2 is also not disputed. The certificate Form-A of the Registrar of Firms has been filed. In view of the disputed documents, the entire case of the plaintiff stands admitted. A prayer for decree of possession of the suit property, could be separated from the prayer for mesne profits.

(2.) The only dispute which has been raised by the learned counsel for the defendant is that initially the premises were let out in January, 1994 on monthly rent of Rs.3,279.00 . The rent was enhanced from time to time under the garb of execution of fresh lease deed (Annexures 3, 4, 5 and 6 of the written statement) and thus, the rent enhanced periodically by Rs.5,926.53.00 . The lease deed dated 9th April, 1988 had been allegedly terminated by the notice dated 28th April, 1989. No notice was given under Section 6-A of the amended Delhi Rent Control Act, 1958. The rent of the premises legally remains to be Rs.3,279.00 per month. Notice dated 28th April, 1989 is for the termination of tenancy. Therefore, rate of rent is onlyRs.3279.00 and consequently, the case is covered by the Delhi Rent Control Act and this Court has no jurisdiction.

(3.) I have heard the parties' counsel and gone through the record. Section 62 of the Indian Contract Act which deals with the novation of contract and the judgment in Theeta Industrial Healing Equipments(P) Ltd. Vs.Harvinder Singh, 1996(39)DRJ (DB) 739 are complete answer to the arguments advanced by the learned counsel for the defendant. Section 62 reads as under: