MOHAMMED SALEEM Vs. LARSEN AND TOUBRO LTD

JUDGEMENT

(1.) This is a revision petition under S.50 of the Mysore Rent Control Act, 1961, filed by the tenant against the order dated 23-12-1967 made in H.R.C. Appeal No. 39 oi 1967 by the First Addl. District Judge, Bangalore.

(2.) The facts relevant for the purpose of the disposal of this revision petition may briefly be stated: The respondent-company is in occupation of the schedule premises as a tenant under a lease deed dated 18-2-1952 (Ext.R-2) executed for a period of 20 years undertaking to pay a monthly rent of Rs. 275 for the first five years and Rs.325 per month thereafter. A petition under S.14 of the Mysore Rent Control Act, 1961 (shortly the Act) was filed by the landlord for fixation of fair rent in respect of the schedule premises. The dispute between the parties was whetner the entire area comprised in the premises originally numbered as No.26, Cubbon Road, was leased in favour of the petitioner or only a portion of it. On a consideration of the evidence, the Controller has come to the conclusion that what was leased in favour of the tenant was the entire area comprised in old No.26, Cubbon Road, and, on that basis he fixed the fair rent at Rs. 600 per month to be operative with effect from 1-1-1963. Challenging this order, the tenant preferred an appeal to the District Judge who modified the order of the Controller, fixing the fair rent at Rs.440 per month. But he has held that it shall come into effect only from 18-2-1972, that is the date on which the existing lease expires. He has also held that the entire premises under the old No.26, Cubbon Road, was not leased to the tenant. It is this order that is challenged in this revision petition.

(3.) The arguments of the petitioner's counsel are two fold: The appellate court has erred in holding that- (1) what was leased under Ext.R-2 was not the entire area of the premises bearing old No. 26, Cubbon Road; (2) The fair rent fixed under the provisions of the Act becomes operative from a date to be fixed by the Rent Controller and cannot be postponed till the expiry of the existing lease.