SUBHASH BATRA Vs. CHAMMAN LAL

JUDGEMENT

(1.) Aggrieved by the order passed by the Rent Control Tribunal which dismissed the appeal of the tenant, the tenant-petitioner has filed the present petition under Article 227 of the Constitution.

(2.) The order of deposit of rent under Section 15(1) of the Delhi Rent Control Act was passed on 28th August, 1991 whereby the petitioner was directed to deposit rent @ Rs. 300.00 per month under Section 15(1) of the Delhi Rent Control Act. Ultimately, the Additional Rent Controller on 22nd April, 1999, on the material placed on record held that pursuant to a compromise entered into between the parties it was agreed that w.e.f. 7th August, 1988 rent @ Rs. 600.00 per month was to be paid by respondent-tenant. That document was filed in the Court of Additional Rent Controller as R-1. The petitioner did not deny the execution of that document nor deny the contents thereof. Learned Counsel for the petitioner has contended that in view of East India C. Mfg. v. S.P. Gupta, 1985 RLR 292 at the most rent @ 10% could have been agreed to be enhanced by the petitioner and the original rent which was agreed between the parties @ Rs. 300.00 per month could not have been modified by the Additional Rent Controller to Rs. 600.00 per month and the Rent Control Tribunal also fell in the same error.

(3.) Second contention of learned Counsel for the petitioner is that electricity charges amounting to Rs. 3,633 ought to have been adjusted towards payment of arrears of rent pursuant to the order passed by the Additional Rent Controller on 11th November, 1998.