LIFE INSURANCE CORPORATION Vs. M/S NARSINGH DASS SURAJ MAL

JUDGEMENT

(1.) This is a revision under section 35 of the Delhi & Ajmer Rent Control Act (38 of 1952) directed against the fixation of standard rent for the premises at Its. 16/- per month by the learned District Judge, Delhi, confirming the amount fixed by the Subordinate Judge, 1st Class Delhi (Shri, Joginder Nath) in Suit No. 138 of 1957, which had been filed by the present landlord, namely, the life insurance Corporation of India. Northern Zone, for recovery of arrears of rent and for ejectment in respect of shop No. 5880, Swadesi Market Saddar Bazar, Delhi.

(2.) The suit was laid on behalf of the life Insurance Corporation of India, a Corporation constituted under Act 31 of 1956, by its Zonal Manager, P. L. Gupta, against the defendant M/s Narshing Dass Surajmal, a tenant of the shop in dispute, which was previously owned by Mst Ahmed Bi. By an exchange deed dated the 16th January, 1954 between Mst. Ahmed Bi and the Life Insurance Corporation of India, the interest in the shop was acquired by the Lakshmi Insurance Company (the predecessor of the company); the right to recover arrears of rent was also transferred to the Lakshmi Insurance Company, which right ultimately devolved on the Corporation. The suit for ejectment was dismissed but a decree for arrears of rent, in the sum of Rs. 1710.00, was passed. In regular civil Appeal No. 180 of 1960 preferred by the Life Insurance Corporation of India the appeal was partially accepted and a decree for recovery of Rs. 2470.00 was passed instead of Rs. 1710.00 decreed by the learned Subordinate Judge.

(3.) There was an earlier suit, No. 125/55 which Messrs Lakshmi Insurance Company Limited had filed in the Court of the Senior Subordinate Judge (Shri G. C. Jain) for ejectment of the defendant from the suit premises on the ground that the defendant had not paid the rent of the Shop from 1st November 1952. The plaint was presented on 3rd March, 1955 by one Shri Dewan Chand on behalf of the Lakshmi Insurance Company, that suit was dismissed on the ground that though he was empowered under a power of attorney, which he had from the Lakshmi Insurance Company to file a suit he had not obtained the consent in writing of the said company before he instituted that suit; such consent, said to be obtained from the company after the institution of the suit by way of ratifying what Shri Dewan Chand had done, did not cure the defect. Nonetheless since the defendant had raised the issue as to what was the standard rent due from the premises the finding was given that the agreed rent of Rs. 47/ 8/ per month was not unreasonable. The suit however, was dismissed with costs.