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1974 Supreme(Online)(Del) 2

DELHI HIGH COURT
A., J
Ram Sarup and Another v. Raj Dulari


1. In their written statement dated November 2, 1965, filed in reply to an eviction petition of Raj Dulari respondent landlady, the appellant - tenants made a prayer for fixation of standard rent under the Delhi Rent Control Act , 1958, herein called 'the Act', for the premises in dispute, which had been taken on rent in 1958. An application under S.15(2) of the Act was filed by the landlady for directions to the appellants for deposit of arrears of rent due from February 1, 1962 at the rate of Rs. 175/- per month. On March 15, 1963 the Additional Controller fixed Rs. 125/- per month as the interim rent, under S.15(3) of the Act and directed the arrears and future rent to be paid at that rate. The eviction petition however, was dismissed in default on February 6, 1965. In the meantime, the appellant tenants had deposited with the Additional Controller from time to time a sum of Rs. 4,500/- in all. The appellants filed an application before the Additional Controller on June 4, 1966 for determination of their plea for fixation of standard rent, but the same was dismissed. The appeal against the said order was also dismissed and a second appeal to the High Court, S.A.O. 265 of 1968,













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