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2004 Supreme(SC) 344

V. N. KHARE, S. B. SINHA, S. H. KAPADIA
Vishwant Kumar – Appellant
Versus
Madan Lal Sharma – Respondent


JUDGMENT

Kapadia, J.-The Delhi Rent Control Act, 1958 (hereinafter referred to for the sake of brevity as "the Rent Act") was amended by Act No. 57 of 1988. The said Amending Act came into effect from 1.12.1988. Section 3(c) of the Amending Act provided that the provisions of the Rent Act will not apply to premises whose monthly rent exceeded Rs. 3500/-. The question which arises for determination in this civil appeal is-Whether section 3(c) as amended was applicable to standard rent application, which was pending before the Court on 1.12.1988 when the Amending Act came into force?

2. On 7th May, 1976, an agreement was entered into between the appellant- tenant and the respondent - landlord, under which the appellant took on lease a shop on a monthly rent of Rs. 5000/- per month. On 11.4.1978, the appellant filed a petition for fixation of standard rent under section 9 of the Rent Act. The contention of the appellant was that the standard rent should be fixed at Rs. 1350/- per month and that the rent agreed upon at Rs. 5000/- per month was excessive. On 23.3.1987, the respondent filed his written statement. The case was pending on 1.12.1988 when section 3(c) was inserted by Amending











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