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1950 Supreme(P&H) 84
HIGH COURT OF PUNJAB & HARYANA
KAPUR, J.
Rameshwar Dayal
Versus
Sri Kishan
Civil Revn Petn No. 466 of 1949
Decided On : 03-11-1950
H.L. Sarin and C. Joseph, for Petnr - A.R. Kapur, for Resps.
The word 'rent' in S. 9 of the Delhi and Ajmer-Merwara Rent Restriction Act means the contractual rent or where the tenant has accepted at a previous stage his liability to pay increased rent, then contractual rent plus such increases as are allowable under the Sch 2 of the Act.
Headnote:
RENT RESTRICTION ACT - STANDARD RENT - DETERMINATION - MEANING OF RENT IN S. 9 - CONTRACTUAL RENT OR RENT CLAIMED BY LANDLORD - INTERPRETATION - STANDARD RENT UNDER S. 7 - CALCULATION - REVISION OF STANDARD RENT - DATE OF EFFECT.
Fact of the Case:
The landlord gave a notice to the tenant under S. 8 of the Delhi and Ajmer-Merwara Rent Restriction Act, indicating his intention to increase the rent of the premises. The tenant replied that the basic rent was Rs. 38/14/- and that he would be prepared to pay such increased rent as from 1-6-1947. The landlord gave another notice claiming the basic rent to be Rs. 56/- and the standard rent to be Rs. 88/8/-. The tenant deposited Rs. 444/1/- in Court on the first day of appearance. The trial court dismissed the prayer for ejectment and held the standard rent to be Rs. 70/7/- p.m. The appellate court allowed the appeal and held the standard rent to be Rs. 78/14/- p.m. and decreed the prayer for ejectment.
Finding of the Court:
The court held that the word 'rent' in S. 9 of the Act means the contractual rent or where the tenant has accepted at a previous stage his liability to pay increased rent, then contractual rent plus such increases as are allowable under the Sch 2 of the Act. The court also held that the standard rent under S. 7 is to be calculated on the basis of the basic rent as on 1-11-1939, plus the increase at 37 1/2 per cent, plus 25 per cent on the rent for subletting.
Issues: 1. Whether the word 'rent' in S. 9 of the Act means the contractual rent or the rent claimed by the landlord? 2. What is the standard rent under S. 7 of the Act?
Ratio Decidendi: 1. The object of the Act is to give relief to the tenants and to prevent their becoming victims of the avarice or greed of landlords. 2. In the present case, a dispute had already arisen between the landlord and the tenant as to what was the standard rent. The landlord in the first place was claiming the standard rent to be based on Rs. 49/- as the basic rent and subsequently Rs. 56/- as the basic rent and both these items were disputed by the tenant. 3. Section 7 expressly provides for the determination of this question, and it cannot be said that before that question is determined the landlord can assume that the standard rent is what he is claiming it to be. 4. If the word 'rent' in S. 9 were to be interpreted to be that which is claimed under S. 8, then it would let in a great deal of hardship for the tenants. 5. The basic rent was Rs. 56/- which was being paid on 1-11-1939. Under S. 7, therefore, the standard rent would be Rs. 56/- plus increase at 37 1/2 per cent, which would be Rs. 77/- plus 25 per cent on the rent for 5 stables which comes to Rs. 11/8/- so the total would be Rs. 88/8/-.
Final Decision: The court set aside the order of ejectment passed by the appellate court and increased the standard rent from Rs. 78/14/- to Rs. 88/8/-. The revisions were allowed to the extent indicated above.
2. The case was fixed for hearing on 16-3-1948, when the deft appeared and put in his pleas and it was adjourned for evidence to some date in May 1948. On the same day an appln was filed by the deft saying that he had brought Rs. 444/1/- to pay the amount of rent due plus costs and that he should be allowed to deposit that sum. On the permission being given the money was actually deposited on the 17th of March. The cases was tried by Mr. Bhanot, who dismissed the prayer for ejectment and held the standard rent to be Rs. 70/7/- p.m. taking the basic rent to be Rs. 49/- p.m. He also passed a decree for Rs. 346/2/-, as arrears of rent. Against this decree the pltf went up in appeal to the Senior Subordinate Judge who allowed the appeal holding that the standard rent was Rs. 78/14/-p.m. - basic rent being Rs. 56/1 and as the whole of the rent due was not deposited as required by proviso to S. 9 (1) (a), he decreed the prayer for ejectment also and enhanced the amount due as arrears of rent to Rs. 374/3/-. Against this decree a revn has been brought in this Ct by the tenant and another by the landlord claiming the standard rent to be Rs. 88/8/- p.m.
3. It was submitted by the tenant that no order of ejectment could be made because on the first day of appearance as required by S. 9 (1) (a) of the Act the requisite amount of money was paid and that the standard rent was not Rs. 78/14/- but should be calculated taking the basic rent to be Rs. 38/14/-. In order to determine this, it is necessary to refer to certain sections of the Act. Section 2 (c) defines the standard rent and it runs as under:
"2 (c) Standard rent, in relation to any premises means:
(i) standard rent of the premises as determined in accordance with the provisions of Sch. 2, or
(ii) where the standard rent has been fixed by the Ct under S. 7, the rent as fixed by the Court; or
(iii) ........"
(4) Section 4 of the Act provides for lawful increase or additions to standard rent in cases where alterations are made or where subletting is
