Appeal No 1461 of 1969
Appeal by special leave from the judgment and decree dated January 24 1969 of the Delhi High Court in SAO No 203 D of 1966
BC Misra and RP Aggarwal for the appellant
Hardev Singh and SK Gambhir for the respondent
The Judgment of the Court was delivered by Shah J
Man Mohan Chawla was since before l958 tenant in certain premises in Delhi belonging to JS Sethi
The contractual rent of the premises was Rs 160 per month
Sethi filed petition under section 141 of the Delhi Rent Control Act 1958 for 392 an order in ejectment against Chawla on the plea that the latter had committed default in paying rent for seven months consecutively
Pursuant to a direction of the Rent Controller Chawla deposited the rent claimed and the amount deposited was paid over to Sethi and the proceeding was disposed of
Chawla again committed default for three consecutive months and Sethi commenced another proceeding under section 141 of the Delhi Rent Control Act for an order in ejectment
Chawla denied the claim that he had committed default in payment of rent
He pleaded that he had on March 19 1963 sent to Sethi Rs 320 by a postal money order which Sethi had refused to accept
Sethi denied that a money order sent by Chawla was brought to him by the postal peon
Chawla also pleaded that the contractual rent was excessive and that the rent of the premises let to him could not exceed Rs 50 per month and prayed that standard rent may be fixed by the Controller
The Controller rejected that contention of Chawla and passed an order in ejectment
The order of ejectment passed by the Controller was confirmed in appeal by the Rent Control Tribunal and a second appeal to the High Court was also unsuccessful
Chawla has appealed to
this Court with special leave
In support of the appeal counsel for Chawla contended i that the Controller was bound to determine the standard rent of the premises in the proceeding instituted by Sethi and since the Controller failed to do so the order in ejectment was illegal ii the Courts below were in error in holding that Chawla could not obtain the benefit of section 142 of the Delhi Rent Control Act 1958 iii that the legal presumption arising from the despatch of a postal money order for Rs 320 addressed to Sethi had been ignored by all the courts and iv that Chawla had made a deposit of rent for three months and if that deposit be taken into account Chawla was not in arrears for three consecutive months at the date of the initiation of the proceeding
Not much need be said about contentions iii and iv
The fourth plea was not raised before the Rent Controller and the Rent Control Tribunal it was sought to be urged for the first time before the High Court and the High Court declined to entertain that plea
We have not permitted counsel to raise that plea for its determination depends upon proof of facts which were never proved
All the Courts have held that Chawla had failed to prove his case that a postal money order for Rs 320 sent by Chawla was duly addressed to Sethi and that Sethi refused to accept the postal money order when it was tendered to him
The only evidence in support of that case was a postal receipt for despatch of a money order for Rs 320 to Sethi
It did not bear the residential address 393 of Sethi
Sethi deposed that no one had tendered to him the postal money order
His testimony has been believed
The third contention must therefore fail
We may now turn to the first and the second contentions it is necessary to bear in mind that under the Delhi Rent Act a proceeding for recovery of rent does not lie before the Controller lies in the civil court
The Controller is authorised to try a proceeding for ejectment or for determination or for determination of standard rent or for determination of fair rent in respect of a hotel and lodging house
The relevant provisions of the Delhi Rent Control Act 1958 which have a bearing on the two contentions remaining to be determined may first be noticed Section 2k defines standard rent as meaning in relation to any premises the standard rent referred to in section 6 or where the standard rent has been increased under section 7 such increased rent
Chapter II deals with the quantum and the procedure for determination of standard rent and related matters
Section 6 of the Act deals with the quantum of standard rent
Insofar as it is relevant it provides 1 subject to the provisions of sub section 2 standard rent  in relation to any premises means A in the case of residential premises 1 where such premises have been let out at any time before the 2nd day of June 1944 a if the basic rent of such premises per annum does not exceed six hundred rupees the basic rent or b if the basic rent of such premises per annum exceeds six hundred rupees the basic rent together with ten per cent of such basic rent 2 where such premises have been let out at any time on or after the 2nd day of June 1944 a in any case where the rent of such premises has been fixed under the Delhi and Ajmer Merwara Rent Control Act 1947 or the Delhi and Ajmer Rent Control Act 1952 i if such rent per annum does not exceed twelve hundred rupees the rent so fixed or 394 ii if such rent per annum exceeds twelve hundred rupees the rent so fixed together with ten per cent of such rent b in any case the rent calculated on the basis of seven and one half per cent per annum of the aggregate amount of the reasonable cost of construction and the market price of the land comprised in the premises on the date of the commencement of the construction Provided that where the rent so calculated exceeds twelve hundred rupees per annum this clause shall have effect as if for the words seven and one half per cent the words eight and one fourth per cent has been substituted Section 7 provides for lawful increase of standard rent in certain cases and for recovery of other charges
Section 9 authorises the Controller to fix the standard rent of the premises
In so far as it is relevant it provides 1 The Controller shall on an application made to him in this behalf either by the landlord or by the tenant in the prescribed manner fix in respect of any premises i the standard rent referred to in section 6 or ii the increase if any referred to in section 7 2 In fixing the standard rent of any premises or the lawful increase thereof the Controller shall fix an amount which appears to him to be reasonable having regard to the provisions of section 6 or section 7 and the circumstances of the case
3 4 5 the standard rent shall in all cases be fixed for a tenancy of twelve months Provided that where any premises are let or re let for a period of less than twelve months the standard rent for such tenancy shall bear the same proportion to the annual standard rent as the period of tenancy bears to twelve months
6 395 7 In fixing the standard rent of any premises under this section the Controller shall specify a date from which the standard rent so fixed shall be deemed to have effect Provided that in no case the date so specified shall be earlier than one year prior to the date of the filing of the application for the fixation of the standard rent
 Section 10 provides for fixation of interim rent in an application for determination of standard rent
That section states If an application for fixing the standard rent or for determining the lawful increase of such rent is made under section 9 the Controller shall as expeditiously as possible make an order specifying the amount of the rent or the lawful increase to be paid by the tenant to the landlord pending final decision on the application and shall appoint the date from which the rent or lawful increase so specified shall be deemed to have effect
Section 12 insofar as it is relevant provides Any landlord or tenant may file an application to the Controller for fixing the standard rent of the premises or for determining the lawful increase of such rent a in the case of any premises which were let or in which the cause of action for lawful increase of rent arose before the commencement of this Act within two years from such commencement b in the case of any premises let after the commencement of this Act i where the application is made by the landlord within two years from the date on which the premises were let
to the tenant against whom the application is made ii where the application is made by the tenant within two years from the date on which the premises were let to the tenant and c in the case of any premises in which the cause of action for lawful increase of rent arises after the commencement of this Act within two years from the date on which the cause of action arises Provided that the Controller may entertain the application after the expiry of the said period of two years 396 if he is satisfied that the applicant was prevented by sufficient cause from filing the application in time
An application for fixation of standard rent must be made within two years of the date of the commencement of the Act if the premises were let before the date of the commencement of the Act and if the premises were let after the commencement of the Act within two years from the date of letting
The Controller is authorised to entertain the application after expiry of the period of two years if he is satisfied that the applicant was prevented by sufficient cause from filing the application in time
Section 4 modifies the contract for payment of rent
It provides 1 Except where rent is liable to periodical increase by virtue of an agreement entered into before the 1st day of January 1939 no tenant shall notwithstanding any agreement to the contrary be liable to pay to his landlord for the occupation of any premises any amount in excess of the standard rent of the premises unless such amount is a lawful increase of the standard rent in accordance with the provisions of this Act
2 Subject to the provisions of sub section 1 any agreement for the payment of rent in excess of the standard rent shall be construed as if it were an agreement for the payment of the standard rent only
By section 5 it is provided 1 Subject to the provisions of this Act no person shall claim or receive any rent in excess of the standard rent notwithstanding any agreement to the contrary
Section 14 which is in Ch
III deals with protection of tenant against eviction
Insofar as it is relevant the section provides 1 Notwithstanding anything to the contrary contained in any other law or contract no order or decree for the recovery of possession of any premises shall be made by any court or Controller in favour of the landlord against a tenant Provided that the Controller may on an application made to him in the prescribed manner make an order for the recovery of possession of the premises on one or more of the following grounds only namely  a That the tenant has neither paid nor tendered the whole of the arrears of the rent legally recoverable from him within two months of the date on which a 397 notice of demand for the arrears of rent has been served on him by the landlord in the manner provided in section 106 of the  2 No order for the recovery of possession of any premises shall be made on the ground specified in clause a of the proviso to sub section 1 if the tenant makes payment or deposits as required by section 15 Provided that no tenant shall be entitled to the benefit under this sub section if having obtained such benefit once in respect of any premises he again makes a default in the payment of rent of those premises for three consecutive months
Section 15 insofar as it is relevant provides 1 In every proceeding for the recovery of possession of any premises on th e ground specified in clause a of the proviso to sub section 1 of section 14 the Controller shall after giving the parties an opportunity of being heard make an order directing the tenant to pay to the landlord or deposit with the Controller within one month of the date of the order an amount calculated at the rate of rent at which it was last paid for the period for which the arrears of the rent were legally recoverable from the tenant including the period subsequent thereto upto the end of the month previous to that in which payment or deposit is made and to continue to pay or deposit month by month by the fifteenth of each succeeding month a sum equivalent to the rent at that rate
2 3  If in any proceeding referred to in sub section 1 or sub section 2 there is any dispute as to the amount of rent payable by the tenant the Controller shall within fifteen days of the date of the first hearing of the proceeding fix an interim rent in relation to the premises to be paid or deposited in accordance with the provisions of sub section 1 or sub section 2 as the case may be until the standard rent in relation thereto is fixed having regard to the provisions of this Act and the amount of arrears if any calculated on the basis of the standard rent shall be paid or deposited by the tenant within one month of the date on which the standard rent 398 is fixed or such further time as the Controller may allow in this behalf
4 5 6 If a tenant makes payment or deposit as required by sub section 1 or sub section
3 no order shah be made for the recovery of possession on the ground of default in the payment of rent by the tenant but the Controller may allow such costs as he may deem fit to the landlord
7 If a tenant falls to make payment or deposit as required by this section the Controller may order the defence against eviction to be struck out and proceed with the hearing of the application
Counsel for Chawla maintained that the period of limitation prescribed by section 12 only applies to petitions made to the Controller by a landlord or a tenant for fixing standard rent but it has no application to a defence raised to a petition for ejectment filed by a landlord under section 14 that the contractual rent exceeds the standard rent and requests that the standard rent be determined
Counsel contends that since in the present case the Controller failed though expressly requested by Chawla by his written statement to enquire into the standard rent payable the proceedings were
vitiated and the order made by the Controller was illegal
It is common ground that the written statement was filed more than two years after the date on which the tenancy commenced and if an application under section 12a orb was made on that date it would be barred by the law of limitation
But counsel said that in terms section 12 applies to a substantive application and not to a defence
He relied in respect of his contention to various indication which he contends are to be found in the Act
Counsel says that by virtue of the provisions of sections 4 and 5 recovery of rent by a landlord in excess of the standard rent is prohibited
But in our judgment the prohibition in sections 4 and 5 operates only after the standard rent of premises is determined and not till then
So long as the standard rent is not determined by the Controller the tenant must pay the contractual rent after the standard rent is determined the landlord becomes disentitled to recover an amount in excess of the standard rent from the date on which the determination operates
We are unable to agree that standard rent of a given tenement is by virtue of section 6 of the Act a fixed quantity and the liability for payment of a tenant is circumscribed thereby even if the standard rent is not fixed by order of the Controller
Under the scheme of the Act standard rent of a given tenement is that amount only which the Controller determines
Until the standard rent is 399 fixed by the Controller the contract between the landlord and the tenant determines the liability of the tenant to pay rent
That is clear from the terms of section 9 of the Act
That section clearly indicates that the Controller alone has the power to fix the standard rent and it cannot be determined out of court
An attempt by the parties to determine by agreement the standard rent out of court is not binding
By section 12 in an application for fixation of standard rent of premises the Controller may give retrospective operation to his adjudication for a period not exceeding one year before the date of the application
The scheme of the Act is entirely inconsistent with standard rent being determined otherwise than by order of the Controller
In our view the prohibition against recovery of rent in excess of the standard rent applies only from the date on which the standard rent is determined by order of the Controller and not before that date
Counsel contends that by section 153 it is expressly contemplated that a request may be made  for determination of standard rent as a defence to an action in ejectment and since the Legislature has provided no time for making such a defence the bar of limitation prescribed by section 12 has no application
But the Legislature has provided for making an application for determination of standard rent and has prescribed a period of limitation in that behalf
Section 14 enables the landlord to file a petition in ejectment before the Controller on the ground that the tenant has failed to pay or tender the arrears of rent legally recoverable from him within two months of the date on which a notice of demand for the arrears of rent has been served on him by the landlord In such a case under section 151 where the rate of rent is accepted but there is a dispute as to the payment of rent the Controller will proceed to determine
whether payment according to the contract has been made
By sub section 1  of section 15 it is provided that the Controller shall make an order directing the tenant to pay to the landlord or deposit with the Controller within one month of the date of the order an amount calculated at the rate at which rent was last paid
But the clause in terms provides that this has to be done after giving the parties an opportunity of being heard
If the Controller was obliged to pass an order calling upon the tenant to pay to the landlord or to deposit in his Court the amount of rent calculated  at the rate at which it was last paid for the period for which the arrears of rent were legally recoverable from the tenant there would be no scope for a hearing to be given to the tenant and it would put a premium upon false claims by landlords
Even though the expression shall is used it is in our judgment directory
The tenant is entitled to show that he has paid the rent claimed  from him
If he proves that he has paid the rent the demand for deposit of arrears under sub section 1 of section 15 cannot be made
Sub section 3 of section 15 refers to cases in which there is a dispute 400 as to the amount of rent payable by the tenant
In that case the Controller has to fix within fifteen days of the date of the first hearing of the proceeding interim rent for the premises to be paid or deposited in accordance with the provisions of sub section 1 until the standard rent in relation thereto fixed having regard to the provisions of the Act
The determination of interim rent will be for the period after the date of the application and also for arrears
Counsel for Chawla contended that the expression dispute as to the amount of rent payable by the tenant in sub section
3 of section 15 means a dispute raised by the tenant as to the standard rent payable
We are unable to agree
The dispute referred to in section 153 is the dispute about contractual rent payable
When such a dispute is raised the Controller has within fifteen days of the date of the first heating of the proceeding to fix interim rent payable by the tenant in accordance with the provisions of sub section
1 including the arrears and such payment has to be made until the standard rent in relation thereto is fixed having regard to the provisions of the Act
Sub section
3 provides that interim rent is to be paid at the rate at which it was last paid tilt standard rent is determined but thereby it is not implied that standard rent is to be determined as an issue arising in the action for ejectment the clause only means that when there is a dispute relating to the rate of contractual rent payable the Controller shall within fifteen days of the date of the first hearing of the proceeding fix the interim rent and the amount so fixed shall be paid by the tenant until the standard rent in relation to the premises is fixed in an appropriate proceeding under the Act
The expression having regard to the provisions of this Act has in our judgment reference to sections 9 and 12
Payment of arrears and standard rent under sub section
3 must be made within one month of the date on which the standard rent is fixed or within such further time as the Controller may allow in that behalf
The scheme of sub section
3 of section 15 is only that the interim rent will be paid at the rate ordered by the Controller and before the proceeding is disposed of standard rent of the premises is fixed by the Controller in an application under section 12 then in order to
obtain benefit of section 6 the tenant must pay the arrears calculated on the basis of the standard rent within one month from the date on which the standard rent is fixed or within such further time as the Controller may allow
If in a proceeding under section 141a the tenant raises by way of defence a contention that the standard rent be determined the Controller may treat that as an application under section 12 and deal with it according to law
But the Act confers no power under section 153 upon the Controller
The power to determine standard rent is exercisable under section l 2 only
401 Our attention was drawn to a number of decisions of the Punjab and the Delhi High Courts in which it was held that the Rent Controller has in a petition in ejectment jurisdiction to determine the standard rent payable by the tenant
In Jiwan Industries Private Ltd vs Santosh  Company1
Bedi J held that the Rent Controller could fix the standard rent in a proceeding in ejectment even after the application of the landlord for ejectment of the tenant had been dismissed
In Messrs Suraj Balram Sawhney  Sons
vs Dr D Kiri2 Gurdev Singh J held that the Controller had jurisdiction under section 153 to determine the standard rent in an application for ejectment based on the plea of nonpayment of rent if the tenant raised a contention that the contractual rent is in excess of the standard rent
The learned Judge was of the view that the language of sub section
3 of section 15 covers even those cases in which an application for fixation of standard rent it made independently would be barred by time prescribed under section 12 of the Act since the limitation prescribed under section 12 applies only to an application made for fixation of standard rent and not to a plea taken up by the tenant in defence to an action for his eviction under proviso a to sub section
1 of section 14 of the Act
If the tenant deposits the arrears of rent observed the learned Judge but at the same time contends that the rent claimed from him is in excess of the standard rent the Controller has to go into the question of standard rent and he cannot order payment of the entire arrears of rent deposited unless he finds that the arrears so deposited are not in excess of the arrears calculated at the rate at which the standard rent is fixed
In SK Chatterjee and Anr
JN Ghoshal3 SK Kapur J held that the words any dispute as to the amount of rent payable by the tenant in sub section
3 of section 15 refers to the dispute arising between the parties on account of claim of a party for fixation of standard rent
The learned Judge further held that section 15 3  in terms confers powers to order payment or deposit of arrears at the interim rate of rent
If the disagreement between the parties be both as to agreed rent and the standard rent the power will be exercised under section 153 because the standard rent will prevail over the agreed rent
He also held that section 15 provides a code by itself as to the nature of enquiry the Controller has to fix an interim rent within 15 days of the date of the first hearing of the proceeding
If this has to be done after a fullfledged enquiry compliance with section 153 would become impossible
This by itself indicates that the authorities constituted under the Act are to makean enquiry in a summary manner
1 2 1965 67 PLR 3 1966 PLR Delhi Section 354
402 VS Deshpande J in Chander Bhan vs Nand Lal and Anr1 observed that his observation in the case which is under appeal in this case that the expression having regard to the provisions of this Act used in section 15 3  seemed to refer inter alia to sections 9 and 12 of the Act and that observation was not strictly necessary for the decision of that case inasmuch as there was no dispute as to the rate of rent in that case and hence section 153 was not attracted at all
The learned Judge also observed that there were two distinct provisions in the Act for fixation of standard rent the first in section 9 under which an application for the fixation of standard rent is made for which limitation is provided by section 12 of the Act the other is in section 153 of the Act and that applies only when there is a genuine dispute between the parties regarding the rate and the amount of rent
These observations prompt the comment that if the view expressed be correct the period of limitation prescribed by section 12 is rendered practically nugatory
If a written statement filed in an application for ejectment under section 141a raises no defence on the merits and contains a request for determination of standard rent it would be illogical to hold that if made in a substantive petition it would be barred but because it is a request made in a written statement in answer to a claim for ejectment it is free of the limitation prescribed by section 12
It is to be noticed that under section 12 standard rent may be given retrospective operation for not more than one year
But if a tenant is in arrears for more than one year on the contention advanced by counsel for Chawla the tenant would be liable to pay arrears at the rate of standard rent determined for a period longer than one year before the date on which he made a claim in his written statement for determination of standard rent and may be entitled to reopen closed transactions
The legislature could not have intended that the tenant in default should be entitled to evade the statutory period of limitation prescribed by the expedient of refusing to make an application so as to obtain an advantage to which he is not entitled if he moves the Controller in a substantive application for determination of standard rent
In our view the expression having regard to the provisions of this Act occurring in sub section
3 of section 15 means having regard to sections 9 and 12 and other relevant provisions of the Act
In our view Deshpande J in the judgment under appeal was right in the view that he took and that the refinement he sought to introduce in the latter judgment in Chandrabhan vs Nand Lal and Anr1 cannot be accepted as correct
The judgments to which our attention was invited appear to have proceeded upon earlier judgments of the Punjab High Court in Lala Manohar Lal Nathan Mal vs Madan Lal Murari Lal2 11969 All India Rent Control Journal 623
2 A I R 403 and Smt
Radhey Piari vs
section Kalyan Singh1
But both these cases were decided on the interpretation of sections 8 to 11 of the Delhi and Ajmer Rent Control Act 38 of 1952 in which it was expressly provided that the standard rent shall be fixed on an application made to the Court for that purpose or in an application in any suit or in any proceeding
We need express no opinion whether the cases under the Delhi and Ajmer Rent Control Act 38 of 1952 were correctly decided
But the difference in the phraseology used in the Delhi Rent Control Act 59 of 1958 does not appear to have been noticed in the judgments cited at the Bar in support of the contention that to a written statement filed by a tenant when an application is made under section 141a the conditions of section 12 do not apply
We are of the view that the Rent Controller the Rent Control Tribunal and the High Court were right in the view they have expressed
The second contention is also without substance
The tenant had made no attempt to pay the rent which was demanded of him
Sub section 2 of section 14 enacts that the Controller shall not pass an order for recovery of possession of any premises if the tenant makes payment or deposit as required by section 15
The bar to the jurisdiction of the Controller arises when the tenant pays or deposits interim rent as required by section 153 and an application for fixation of standard rent is not payment or deposit required by section section 15
In any event by virtue of the proviso to sub section 2 of section 14 Chawla is not entitled to the benefit of sub section
2 for he had earlier committed default in payment of rent in respect of the premises and a proceeding was instituted against him for recovery of possession
That proceeding was disposed of after he deposited the amount of rent due by him
By depositing the amount in court in the previous proceeding Chawla clearly obtained the benefit under section 142 in respect of the premises occupied by him as a tenant
Thereafter he made another default in payment of rent for three consecutive months
Chawla was therefore not entitled to claim the protection of sub section
2 of section 14 for he made no payment as required by section 15 and also because he had previously obtained the benefit of sub section
2 by making a deposit in the earlier proceeding
The contention of counsel for Chawla that the proceeding started by Sethi against him was dismissed and that Chawla had not obtained any benefit in respect of the premises under sub section
2 of section 14 does not require serious consideration
Chawla obtained an order of disposal of the proceeding by depositing the amount ordered to be deposited by him under section 15
That was clearly a 404 benefit which he obtained under section 142
The plea that no tenant shall be entitled to the benefit under this sub section is only directory is without substance
In any event the High Court was of the view that having regard to the conduct of Chawla he having committed default previously and having obtained the benefit of sub section
2 in respect of the premises he was not entitled to the same benefit in this proceeding
Assuming that the proviso to sub section
2 of section 14 is not mandatory on that question we express no opinion we are clearly of the view that the High Court having declined to grant the benefit of sub section
2 of section 14 to Chawla no case is made out for our interference
The appeal fails and is dismissed with costs
Appeal dismissed


Summary:
The appellant was the tenant since before 1958 of certain premises in Delhi belonging to the respondent
The latter filed a proceeding for electing the appellant under section 141 of the Delhi Rent Control Act 1958 on the plea of non payment of rent for seven months
Persuant to the direction of the Rent Controller the appellant paid the arrears under section 1412 of the Act and the proceeding was disposed of
The appellant again committed default in payment of rent for three consecutive months and the respondent again filed a fresh proceeding for his ejectment under section 141
In his written statement the appellant asked the Rent Controller to fix the standard rent of the premises and further to give him again the benefit of 142
The Rent Controller rejected these pleas and passed an order  in ejectment
Appeals before the Rent Control Tribunal and the High Court failed
In appeal by special leave before this Court the appellant contended that the order of the Rent Controller was illegal because he failed to fix the standard rent as claimed by the appellant
He also contended that the limitation period prescribed in section 12 of the Act for an application for fixation of standard rent did not apply where the claim made as a defence in a suit for ejectment under section 14c and that in any event he was entitled to the benefit of section 142
HELD i The appellant s plea that the Rent Controller was to fix the standard rent when the appellant asked for its fixation in his written statement must be rejected
a The prohibition in ss 4 and 5 of the Act operates only after the standard rent has been fixed and not before
Until the Rent Controller has fixed the standard rent under section 9
the contract between the landlord and tenant determines the liability
Section 6 cannot be interpreted to mean that standard rent can be regarded as fixed without an order the Controller
400 F H b When section 153 refers to a ease in which there is a dispute as to amount payable by the tenant the dispute referred to is about contractual rent payable and not about the standard real
The having regard to the
provisions of the Act has reference to sections 9 and 12
The scheme of sub section
3 of s 15 is that the interim rent will be paid at the rate ordered by the Controller and if before the proceeding is disposed of standard rent is fixed by the Controller in an application under s12 then in order to obtain the benefit of s6 the tenant must pay the arrears calculated on the basis of the standard rent within one month from the date on which the standard rent is fixed or within such further time as the Controller may allow402 B G 391 If in a proceeding under section 141a the tenant raises by way of defence a contention that the standard rent be determined the Controller may treat that as an application under section 12 and deal with it according to law
But the Act confers no power under section 153 upon the Controller
The power to determine standard rent is exercisable under section 12 only
402 H e Acceptance of the appellant s contention would lead to anomalous results
Under section 12 standard rent may be given retrospective operation for not more than one year
But if a tenant is in arrears for more than one year on the contention of the appellant the tenant would be liable to pay arrears at the rate of standard rent determined for a period longer than one year before the date on which he made a claim in his written statement for determination of standard rent and may be entitled to reopen closed transactions
The legislature could not have intended that the tenant in default should be entitled to evade the statutory period of limitation prescribed by the expedient of refusing to make an application so as to obtain an advantage to which he is not entitled if he moves the Controller in a substantive application for termination of standard rent
404 E F Ms Suraj Balram Sawhney  Sons vs Dr D Kid  8
K Chatterjee  Anr
JN Ghoshal 1966 PLR Delhi Section 354 and Chander Bhan vs Nand Lal  Anr  disapproved
Jiwan Industries Private Ltd vs Santosh  Company  Lala Manohar Led Nathan Mal vs Medal Lal Murari Lal AIR  and Smt
Radhey Piari vs section Kalyan Singh AIR 1959 Punjab 508 referred to ii The earlier proceeding against the appellant was disposed of on his payment of arrears of rent for seven months
Thereby the appellant had on the earlier occasion obtained the benefit of section 142
Having again made default in payment of rent and not having made any payment under section 15 he was not entitled for a second time to the benefit of section 14 2
The words no tenant shall be entitled to the benefit under this sub section in the proviso sub section
2 of section 14 are not directory
Even on the assumption that the proviso is not mandatory there was no justification for interfering with the finding of the High Court that the appellant was not entitled to the benefit of section 142
405 E G