C.K.MAHAJAN
MEC INDIA PRIVATE LIMITED – Appellant
Versus
LT. COL. HARJEET SINGH – Respondent
( 1 ) THIS Civil Revision raises an interesting question of law with regard to landlord-tenant relationship in the post Rent Act era.
( 2 ) PREMISES No. L-3 Kanchanjunga, 18 Barakhamba Road, New Delhi, being aloft (upper ground floor) premises measuring 783 square feet and owned by the respondents Lt. Col Inder Maira and Others, were leased out on 1. 4. 1982 for a fixed term of three years to M/s. M. H. C. (India) Private Ltd. , the petitioner-tenant at a monthly rent of Rs. 4,500/ - Lease Deed dated 1. 4. 1982 was executed but the same was not registered. In May, 1985 the rent was increased by 10% from Rs. 4,500. 00 to Rs. 4,950. 00. It is common case of the parties that the purpose of the lease was commercial, the premises are also situated in what is a commercial multi-storeyed building on Barakhamba Road, New Delhi, and that there is no registered instrument of lease either for the original grant of 1982 for three years, for any later or renewed term.
( 3 ) TILL 30. 11. 1988, the tenancy of the petitioner was protected under the Delhi Rent Control Act. That protection, ceased to be available to the tenant with effect from 1. 12. 1998. This was because Section 3 (c)
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