SOHAN SINGH Vs. RAM NATH

JUDGEMENT

(1.) By agreement made on the 1st of January 1948, Shri Ram Nath plaintiff gave possession of shop No. 200, Chandni Chauk, Delhi to Sardar Sohan Singh defendant. In that agreement the defendant agreed inter alia to carry on silk and wollen cloth business at the premises and to pay to the plaintiff commission on the sales of silk and wollen cloth at the rate of one-half per cent. No rent is to be paid by the defendant to the plaintiff in addition to the commission,

(2.) On the 15th of October 1948, Sardar Sohan Singh made an application under Section 7 of Punjab Act XIX of 1947 for the fixation of the standard rent of shop No. 209. In that ease the Custodian, Evacuee Property, Delhi Province was made a party because shop No. 209 had been declared to be evacuee property. By order passed on the 13th of December 1949, Shri Tara Chand, Additional Sub-Judge, Delhi fixed the standard rent of the premises to be rupees 80/- per mensem but on appeal the Additional District Judge, Delhi fixed the standard rent of the premises at rupees 60/- per mensem with effect from the 1st of January 1948.

(3.) On the 19th of November 1948. Shri Ram Nath instituted Civil Suit No. 712 of 1948 for rendition of accounts and injunction on the basis of the agreement referred to above.