ABHEY KUMAR Vs. FAQIR CHAND LAW

JUDGEMENT

(1.) The question which falls to be determined in the present case is whether the Delhi and Ajmer Rent Control Act, 1952, has been extended to the new township of Gandhi Nagar.

(2.) On the 16th August, 1952 certain tenants of premises situate in Gandhi Nagar, a suburb of Delhi, presented applications for fixation of standard rent under the Delhi and Ajmer Rent Control Act, 1952. The landlords raised an objection that the Act of 1952 is not applicable to the area in which the premises are situate and consequently that the trial Court had no jurisdiction to fix the standard rent. This objection was overruled both by the trial Court and by the Senior Subordinate Judge, and the landlords have accordingly come to this Court in revision.

(3.) The Delhi and Ajmer Rent Control Act received the assent of the President on the 15th April, 1952 and came into force on the 9th June, 1952. It extended to the areas mentioned in the First Schedule including the area situate within the local limits of the Municipal Committee of Shahdara. On the 21st June, 1952 the Chief Commissioner of Delhi issued a notification under section 5(3) of the Punjab Municipal Act (as extended to Delhi) extending the area of the Municipality of Shahdara so as to include the area comprised within the new township of Gandhi Nagar. The question is whether on the 16th August, 1952 when the applications for fixation of standard rent were presented in Court the Act of 1952 was applicable to this new area.