On 7th May, 1976, an agreement was entered into between the appellant tenant and the respondent landlord, under which the appellant took on lease a shop on a monthly rent of Rs.5000/ per month.
Being aggrieved, the appellant herein preferred appeal No.9 of 2001 before the Tribunal which was dismissed.
On 27.5.2000, when the case was pending, the respondent moved an application under section 151 CPC before the Rent Controller seeking dismissal of standard rent application made by the tenant, in view of amended section 3 c .
By order dated 16.12.2000, the Rent Controller allowed the landlords application and companysequently dismissed the standard rent application made by the tenant as incompetent and number maintainable.
The companytention of the appellant was that the standard rent should be fixed at Rs.1350/ per month and that the rent agreed upon at Rs.5000/ per month was excessive.
The question which arises for determination in this civil appeal is whether section 3 c as amended was applicable to standard rent application, which was pending before the Court on 1.12.1988 when the Amending Act came into force?
On 23.3.1987, the respondent filed his written statement.
On 11.4.1978, the appellant filed a petition for fixation of standard rent under section 9 of the Rent Act.
The said Amending Act came into effect from 1.12.1988.
The case was pending on 1.12.1988 when section 3 c was inserted by Amending Act 57 of 1988.
Aggrieved, the appellant herein preferred second appeal bearing S.A.O. No.4 of 2001 in the High Court which was also dismissed by the impugned judgment dated 4.5.2001.
Section 3 c of the Amending Act provided that the provisions of the Rent Act will number apply to premises whose monthly rent exceeded Rs.3500/ .
Hence, this Civil Appeal.
KAPADIA, J. The Delhi Rent Control Act, 1958 hereinafter referred to for the sake of brevity as the Rent Act was amended by Act No.57 of 1988.
