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2002 Supreme(Del) 138

S.N.KAPUR
STANDARD PHARMACEUTICALS LIMITED – Appellant
Versus
GYAN CHAND JAIN – Respondent


S. N. Kapoor

( 1 ) IN these matters, the question of condonation of delay is required to be decided along with interpretation of term "rent".

( 2 ) FIRST the facts are given in brief hereinbelow to appreciate the respective contention of the parties. On 1st April, 198 the premises in question was let out to m/s. Standard Pharmaceutical Ltd. 24, Park Street, Calcutta. The case of the plaintiff respondent was that after the lapse of 11 years, rent was increased from Rs. 2,000 to Rs. 2,500/- w. e. f. 1/04/1983 after and five years the rent was further increased to Rs. 3,000. 00 w. e. f. 1/04/1988. The plaintiff landlord by notice dated 5/01/1991 after the amended Rent Control Act came into force on 1/12/1988 - gave a notice and increased the rent by 10%. Consequently, the rent became Rs. 3,300. 00 per month w. e. f. 1/04/1991. The defendant paid the rent at the rate of Rs. 3,300. 00 per month upto 31/07/1991. Thereafter, they failed to pay the rent. The plaintiff filed a petition for eviction before the Rent controller. The proceedings before the Rent Controller continued. On 14/02/1994, the defendant in terms of Section 6a read with Section 8 of the D. R. C. Act gave a notice increasi






































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