RAJ RANI Vs. RADHA KISHAN

JUDGEMENT

(1.) THE solitary question left to be decided by this Court in the present proceedings is whether the conversion of existing structure marked 'A' in plan Exhibit P.3, into construction marked 'B' therein would render the shop in dispute a new construction raised in February to April 1973 or it would be regarded as making an improvement in the existing construction marked 'A' though repair may be extensive.

(2.) PLAN Exhibit P. 2 clearly indicates that intervening walls of rooms already existing, the stair case behind them and the doors fixed in the existing two rooms in front were removed. The internal space becoming available thereby was divided into four shops of similar size, three partition walls were raised inside to give the outer facade a new shape and four shutters were put in front instead of the two doors previously existing.

(3.) A diametrically opposite and wholly contradictory view was taken by the Delhi High Court in Smt. Krishna Devi v. Shri Dhan Raj Singh, 1973 Rent Control Reporter 257 wherein it was held : "The finding of fact concurrently recorded by the authorities below are that a big hall originally constructed on the ground floor in the year 1924 had been converted into 23 shops by raising partition walls without changing the roof or the ceiling or the flooring and the main structure of the building remained the same old one. On this finding as a result of the application of the test stated above, I hold, in agreement with the Tribunal below that the premises in dispute do not constitute newly constructed building. As such they are not exempt from the operation of the standard rent for any period under clause (b) of sub-section (2) of Section 6 of the Act" Neither of the two authorities can, therefore, be regarded as persuasive in reaching the conclusion as to whether the structural alterations carried out by the landlord in the tenancy premises in 1973 area mere repair or amount to reconstruction.