MESSRS. ANAND STORES Vs. SHRIMATI PRABHAT SHARMA

JUDGEMENT

(1.) THE questions as to whether the buildings constructed on lease -hold plots in New Delhi belong to the Government or to the persons who construct them and whether the provisions of the Delhi Rent Control Act apply to those buildings arise for determination in these four second appeals Nos. 22 -D, 23 -D, 24 -D and 25 -D of 1962 which are directed against the orders of the Rent Control Tribunal Delhi reversing on appeal the orders of the Controllers. This judgment would dispose of all the four appeals.

(2.) THE brief facts of this case are that each of the appellants is a tenant of shop situate in Sunder Nagar, New Delhi, under the respondent in that appeal, Appeal No. 22 -D relates to shop No. 21 and the agreed rent of that shop is Rs. 200/ - per mensem. Appeal No. 23 -D relates to shop No. 5 and its agreed rent is Rs. 215/ - per mensem. Appeal No. 24 -D relates to shop No. 25 and its agreed rent is Rs. 250/ - per mensem. Appeal No. 25 -D relates to shop No. 26 and its agreed rent is Rs. 220/ - per mensem. The above -mentioned shops were admittedly constructed in the year 1953 and 1954. The tenancy of the appellants of Shops in appeals Nos. 22 -D and 25 -D commenced on 1st of September, 1953, in appeal No. 23 -D on 1st of December, 1953 and in appeal No. 24 -D on 1st of November, 1953. The appellants filed applications before the Controller under section 9 of the Delhi Rent Control Act (Act No. 59 of 1958), (hereinafter referred to as the Act), praying for fixation of standard rent of the aforesaid shops on the allegation that the agreed rent was penal and excessive. The applications were resisted by the respondents inter alia on the plea that the premises in dispute belonged to the Government and so according to section 3 of the Act the applications were not maintainable. The Controllers held that the premises in dispute were not proved to belong to the Government and as such the applications for fixation of standard rent were maintainable. The respondents filed appeals against the orders of the Controllers and it was urged on their behalf that the premises in dispute belonged to the Government and as such the provisions of the Act did not apply to the premises. This contention was accepted by the learned Tribunal. The Tribunal, accordingly, accepted the appeals and dismissed the applications of the tenant -appellants for fixation of the standard rent. The tenants have consequently approached this Court in second appeal.

(3.) THE opening words of the draft of the Perpetual Lease, which was enclosed with the agreements, were as follows: