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1971 Supreme(Del) 354

D.K.KAPUR
KISHAN LAL JOHAR – Appellant
Versus
NANAK CHAND – Respondent


D. K. Kapur J.

( 1 ) THIS appeal under section 39 of the Delhi Rent Control Act, 1958, is by the tenant and arises out of an application for fixation of standard rent instituted by the landlords. Property in question was originally owned by a Muslim who migrated to Pakistan and consequently the property vested in the Custodian of Evacuee properly. The properly became a part of the compensation pool under the Displaced Persons (Compensation and Rehabilitation) Act, 1954 and was auctioned to Har Kishan Lal and others on 2nd July, 1959. Provisional possession of the property was delivered to the purchasers on 24th February, 1960 and a sale certificate was granted on 30th July, 1962. In accordance with the letter delivering provisional possession the tenant attorned to the purchasers. An application for fixation of standard rent was instituted before the Rent Controller on 29th July, 1964. The property was later on transferred to the present landlords. According to the landlords they became entitled to apply for fixation of standard rent only after the sale deed was executed in favour of Har Kishan Lal and others on 30th July, 1962. The tenant contested this application on the ground t















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