URVINDER ESTATE PRIVATE LIMITED Vs. KARAM CHAND PREM CHAND PRIVATE LIMITED

JUDGEMENT

(1.) Messrs Karan Chand Prem Chand Private Limited known as Sarabhai Chemicals are occupying as tenants a portion of the ground floor, including a loft. of building No. 12. Block No. 3. Asaf Ali Road. New Delhi. At first rent was being paid at the rate of Rs. 1,250.00 per month besides house-tax and actual charges for water and electricity. With effect from February 1. 1958, the rent was increased to Rs. 1,750.00 per month. House-tax and actual charges for water and electricity were in addition to that.

(2.) On January 4. 1961. Sarabhai Chemicals applied, under section 9 of the Delhi Rent Control Act. 1958 (hereinafter referred to as "the Act") for fixation of standard rent. At that time the premises belonged to Sardar Bahadur Mohan Singh and his wife. Shrimati Lajwanti. and their son Gurbachan Singh. During the pendency of the proceedings the property was purchased by Messrs Urvinder Estates Private Limited. Afterwards Sardar Bahadur Mohan Singh also died.

(3.) The new landlord opposed the application for lixation of standard rent. Evidence on behalf of the tenant was concluded on December 18, 1963. Recording of evidence, produced by the landlord, could not. for one reason or the other, start before February 28, 1966. On that date statements of Shri K. A. Patil, Assistant Professor of Engineering. School of Planning and Architecture, and Shri Narinder Singh. a property dealer, were recorded. On December 26. 1966, Shri K. L. Pandit, another property-dealer, and Shri Charanjit Singh were examined but the request made on behalf of the landlord for examining Shri Phool Chand God, an architect, was not acceded to by Shri P. C. Saini. Additional Rent Controller, who was then dealing with the case. The learned Additional Rent Controller remarked that the landlord had already examined one architect and Shri Phool Chand could not be allowed to be examined as he had not till then filed his report, though it was ready with him. Against that order dated 26-12-1968, the landlord preferred a civil revision to this Court.