RADHEY PIARI Vs. S KALYAN SINGH

JUDGEMENT

(1.) This is a revision petition under section 35 of the Delhi and Ajmer Rent Control Act, 1952.

(2.) The facts relevant for the decision of this petition are these. Shop No. 2870 situated at Ajmal Khan Road, Karol Bagh, New Delhi belongs to Radhey Piari. It was constructed some time in 1946 and therefore was first let after 2nd of June, 1944. Kalyan Singh took this shop on lease on 30th of October, 1948 at Rs. 112/8/- per mensem. On 12th of October, 1953, the landlady filed the present suit for eviction of the tenant on the grounds of (1) non-payment of arrears of rent in spite of demand and (2) subletting part of the premises to a watch repairer. According to the plaintiff Rs. 866/4/- were due from the tenant as arrears of rent but no decree for recovery of this amount was sought. The tenant deposited Rs. 2,000/- towards the arrears of rent and costs etc. on or before the first day of hearing of the suit and denied having sublet, assigned or otherwise parted with the possession of any part of the premises. In the written statement the tenant also sought for fixation of standard rent claiming that the agreed rent exceeded it. The trial Court held that the plaintiff had failed to prove that the tenant had sublet any part of the shop and fixing the standard rent at Rs. 37/8/- dismissed the suit. Mst. Radhey Piari appealed and the Senior Sub-Judge affirmed the trial Court's finding that the" tenant had not sublet the premises. He, however, increased the standard rent from Rs. 37/8/- to Rs. 50/- per mensem. The plaintiff is dissatisfied with (his decision and has filed this petition for revision.

(3.) Shri Gurbachan Singh the learned counsel for Mst. Radhey Piari has argued that (1) the tenant's application for fixation of standard rent was barred by time and should have been rejected on that ground and (2) that the tenant had sublet the premises to a watch-repairer. The learned counsel, however, frankly conceded that if application for fixation of standard rent is held to be within time then the amount cannot be challenged in these proceedings.