- (1.) The appellant in this second appeal is Shri Shiv Radha Krishan Brajman Mandir Thakurji Maharaj, Gali Shish Mahal, Bazar Sita Ram, Delhi through Shri Rameshwar Dayal Nigam, Secretary Shri Shiv Radha Krishan Mandir Society, Registered, Gali Shish Mahal, Bazar Sita Ram, Delhi, herein called "the landlord".
(2.) The premises in suit were waqf property and Babu Ram, respondent, herein called "the tenant", purchased the same from Babu Ram Saran Dass, who was entrusted with the management of the temple and service to the deity. The landlord (the present appellant) filed a suit for possession against the tenant on the ground that Babu Ram Saran Das had no right to sell the property. The suit was decreed with costs. The tenant preferred an appeal, which was dismissed by the Additional District Judge, Delhi. In second appeal, the High Court of Punjab dismissed the same on April 26, 1961. In the order of dismissal, D.K. Mahajan, J., observed as follows : ".........An undertaking has been given by the learned counsel for the respondent (landlord herein) that he will not dispossess the vendees (the tenant herein) from the premises and will treat them as his tenants subject to their paying proper rent i.e. standard rent of the premises........"
(3.) The landlord then filed an application under Section 9 of the Delhi Rent Control Act before the Rent Controller, Delhi for fixation of standard rent impleading the tenant as respondent. Apart from other objections, it was stated by the tenant in reply that Rameshwar Dayal in the capacity of the Secretary of the Mandir Society was not competent to file a petition for and on behalf of the idol by a competent court. The Additional Controller held that Rameshwar Dayal was entitled to file the petition, as the findings in the earlier suit referred to above operated as res justicata. He found no evidence on record to fix the standard rent of the premises under Section 6 of the Delhi Rent Control Act. He, therefore, fixed the same at Rs. 35 per month under Section 9(4) of the said Act. The Rent Control Tribunal in appeal confirmed Rs. 35 per month to be the standard rent of the premises, but was of the view that the petition brought by Rameshwar Dayal was not maintainable, as he was neither a shebiat nor a next friend of the idol appointed by the court.;