L BHAGWAN DAS MENGI Vs. UNION OF INDIA

JUDGEMENT

(1.) The plaintiff instituted a suit for the recovery of Rs. 1,000/- as damages for wrongful use and occupation of the suit premises with proportionate costs against the defendants. The plaintiff alleged that 10 years lease in favour of the defendants, of 'Bhagwan Niwas' situate in Jammu expired on the 11th of January, 1959. The defendants were required to hand over vacant possession of the premises together with furniture and fittings on that date which the defendants failed to do.

(2.) On behalf of the plaintiff appellant it is argued that the District Judge has erred in reducing the amount claimed by the plaintiff in his plaint. It has been pointed out that the District Judge has not given any good reason for reducing the amount of Rs. 500/- to Rs. 384/- P.M., especially when the plaintiff appellant had proved that he was offered Rs. 500/- P.M. for the house if the defendant had vacated it on the date mentioned in the notice.

(3.) Learned counsel for the defendant appellant argued that Houses and Shops Rent Control Act was applicable to the house in dispute and therefore the landlord could not claim enhanced rent. We do not see any force in this contention. Section 1(3-a) of the Houses and Shops Rent Control Act of 2009 specifically provides that the Act is not applicable to any house or premises belonging to or taken on lease or requisitioned by the Government. The house having been taken on lease by Union of India learned counsel for the defendant appellant had to concede that the above Act was not applicable to this case.