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1984 Supreme(Del) 147

M.L.JAIN
RELIABLE FINANCE CORPORATION PRIVATE LIMITED – Appellant
Versus
CLEARING HOUSE AND AGENCIES PRIVATE LIMITED – Respondent


Advocates Appeared:
A.R.LAL, K.K.Mehra, S.S.RANA

M. L. Jain, J.

( 1 ) TIRATH Ram Ahuja is the owner of the property in dispute namely, municipal No. B-6, Asaf Ali Road, New Delhi. It was leased out to M/s Associated Tube Wells Ltd. who were authorised to and did sublet some of the portion to M/s Clearing House and Agencies (P) Ltd. In 1967 Associated Tubewells surrendered the tenancy in favour of Tirath Ram Ahuja. Thereafter on 1-6-1967 relationship of landlord and tenant between Reliable Finance and Clearing House.

( 2 ) HE found that the standard rent was Rs. 250. 00 per month but dismissed the application for fixation of standard rent on the ground that it was barred by limitation under sec. 12 of the Delhi Rent Control Act, 1958.

( 3 ) THE learned Rent Control Tribunal dismissed the appeals on 19-10-1973. Hence these two second appeals. SAO No. 10/74 and SAO 11/74. The respondents have filed cross objections No. 526/74. All will be disposed of by this order.

( 4 ) SAO II of 1974. The learned Tribunal was of the view that Reliable Finance became the landlord of Clearing House but it held that there was no sub-letting or parting with possession. According to section 109 and 115 of the Transfer of Property Act, Clearing House no















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