ARUN KUMAR, MANMOHAN SARIN
S. KUMAR – Appellant
Versus
G. R. KATHPALIA – Respondent
Based on the provided legal document, the assessment of rent does not necessarily depend solely on the existence of a deed or agreement. In the case discussed, the court considered the terms of the registered lease deed, which specified the consolidated rent amount, including furniture and fittings. The court emphasized that the rent as per the lease deed was Rs. 4,000 per month, and this figure was binding, regardless of the tenant’s claim that the actual rent was lower.
Furthermore, the court highlighted that in such matters, the consolidated figure of rent stated in the lease deed is relevant and should be taken into account. The argument that rent was only Rs. 2,500 per month was rejected because the lease deed explicitly mentioned the higher consolidated rent, including furniture and fittings.
Therefore, in the absence of a deed or agreement, rent assessment may involve other evidence such as rent receipts, payment records, or customary practice in the locality. However, the court primarily relies on formal agreements or documented terms to determine the rent amount. If no such agreement exists, the court may need to consider other credible evidence to assess the rent.
In summary, while a deed or agreement provides clear evidence of rent, their absence does not make rent assessment impossible. The court can determine rent based on other credible evidence, but formal agreements generally carry significant weight in such determinations.
( 1 ) WE have heard the learned Counsel for the parties and perused the record. The only point urged by the learned Counsel for the appellant at the time of hearing was that a petition for fixation of standard rent of the premises was already pending before the Rent Controller and the landlords/respondents could not pursue the remedy by way of a suit for possession simultaneously. It is also submitted that an eviction petition under Section 14 of the Delhi Rent Control Act is also pending. The learned Addl. District Judge has noticed an order passed by this Court in a Civil Revision filed by the appellant against the order dismissing the application of the appellant under Order 7, Rule 11, CPC. That order makes it clear that the two parallel proceedings can in law continue simultaneously and this could not be a ground for rejection of the plaint under Order 7, Rule 11, CPC. A Division Bench judgment of this Court has been relied upon in the said order. The said judgment is a decision dated 10th May, 1996 in RFA No. 94/1996 entitled M/s. New United Automobiles v. Cycle Equipments Private Ltd. , 19971 RCR 69. We would like to add that mere pendency of an application for fix
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