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Feb 2, 2010

ATMA RAM PROPERTIES (P) LTD v. P.S. JAIN COMPANY LTD. 57 (1995) DLT 131

A strange but interesting situation has propped-up for consideration. Premises have been let out by the landlord to a tenant at a monthly rent not exceeding Rs.3,500/-. The tenant has sub-let the premises exercising the right to sub-let conferred by the terms of tenancy. The monthly rent realised by the tenant from the sub-tenants in respect of the very same premises exceeds Rs.3,500/-.
So also in respect of the same premises in a suit filed by the landlord against the tenant Section 3 (c) would not apply but if a suit was to be filed by the tenant against sub-tenant in respect of the same very premises, Section 3 (c) would apply.
Premises whose rent exceeds Rs.3,500/- whether paid by a tenant to landlord or by a sub-tenant are covered by Section 3 (c) of Delhi Rent Control Act. To begin with, the premises may be leased out for Rs.3,500/- or less a month and may not Premises whose rent exceeds Rs.3,500/- whether paid by a tenant to landlord or by a sub-tenant are covered by Section 3 (c) of Delhi Rent Control Act. To begin with, the premises may be leased out for Rs.3,500/- or less a month and may not

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