M C SRIKANTAIAH Vs. KANNIKAPARAMESHWARI TEMPLE

JUDGEMENT

(1.) The landlord applied for fair-rent of the two premises. According to him, they were constructed in the year 1971-1972 and fair rent works out at Rs. 400/- per month for each shop.

(2.) The tenant resisted the claim. The Rent Controller has relied on the rental value of the premises as entered in the property tax register of the local authority for the year in which the building was constructed. That was for the year 1971-1972. The landlord has produced the rental value of each shop which was fixed by the local authority according to which, the rental value has been fixed at Rs. 2,800/- per annum from 1971-1972 onwards. The Rent Controller, instead of fixing the rent at Rs. 280/- per month has fixed it at Rs. 400/- per month making observation that the prevailing rent in that locality is around Rs. 500/- to Rs. 600/- per month for even similar accommodation. This order is challenged in these revision petitions by the tenant.

(3.) S.14(6) of the Karnataka Rent Control Act, 1961 (hereinafter referred to as the Act) speaks about fixation of fair rent which reads thus :