H RSNOW Vs. P CBOSE

JUDGEMENT

(1.) This is a revision petition against the order of the Additional District Judge, Civil Station, Bangalore, in H.R.C. Appeal No. 331 of 51-52 confirming the order of the House Rent, Controller, Civil Station, Bangalore in R.C. 720/FR/51.

(2.) The tenant who is the respondent in this Court was the petitioner before the House Rent Controller. He filed a petition saying that originally he agreed to pay a rent of Rs. 125/-for the premises let out to him including a garage and a room. He went on paying this rent till 1-4-51, but later the landlord disputed that the amount paid was fixed only for the house and did not include the rent for the garage and the room. Thereon he consented to pay Rs. 130/- per month. He went on paying at the rate of Rs. 130/- till the end of December 1950. The rent was again enhanced to Rs. 140/- in January 1951 and an application was thereupon filed by him for fixation of fair rent on the 30th March 1951. The House Rent Controller has fixed the rent at Rs. 122-8-0 arid this has been confirmed in appeal. The point for consideration is whether the orders of the Courts below are correct. Section 4 of the Mysore House Rent Control Order, 1948 was applicable to the case and so far as the wording of the main section is concerned there is no difference between the present House Rent Control Order and the previous one. According to Section 4:

(3.) When an application, which is tenable, is filed before a House Rent Controller, he is bound to fix the fair rent after holding an enquiry. Such applications in cases of enhancement of rent have to be filed within a period of three months from the date of the increase of rent. In other words if an application for fixation of fair rent when any enhancement of rent is made, is filed more than three months from the date the increased rent is demanded or paid, such an application is barred by time. Under the present Act it is enacted that whether there is enhancement of rent or not an application for fixation of fair rent must be preferred within a period of three months from the date of enhancement of rent if there is any enhancement and in other cases within three months from the date of commencement of the tenancy. The result is that when an application is filed for fixation of fair rent either on the ground that the rent is excessive or on the ground that it has been enhanced, and it is filed within time, the Court is bound to hold an enquiry and fix the fair rent. In other cases the Rent Controller is not bound to hold an enquiry and fix fair rent but he has the discretion to do so The discretion has to be used judicially and it cannot be said that the discretion is used judicially, if he arbitrarily proceeds to fix the fair rent when no application is filed within time allowed by law. If he does so he will be defeating the very purpose for which the Act has fixed a period of limitation for obtaining such a relief.