DATTATRAYA RAGHAVENDRA PATKI Vs. SUMITRABAI

JUDGEMENT

(1.) This is a Revision Petition directed against the order dated 4-4-1984 passed by the Rent Controller, Belgaum, in DC.RNT SR. 8/82-83 fixing the fair rent of the petition premises at Rs. 250/- per month.

(2.) This order of the Rent Controller is challenged mainly on the ground that the fair rent fixed by the Rent Controller is unfair for the reason that it is in contravention of Sec, 14(4)(i) of the Karnataka Rent Control Act, 1961 (hereinafter referred to as 'the Act'). According to the petitioner, since the premises in question came into existence prior to April 1947 which fact cannot be disputed in the light of the documents produced by the tenant himself through rental receipts, there cannot be an increase exceeding 25% of the rate of rent or rental value referred to in sub-section (3) of Section 14 of the Act since the old rent all along paid does not exceed Rs. 50/- per month, which fact also is not disputed. In the instant case, the Rent Controller has fixed the rent at Rs. 250/- per month. This, according to the petitioner, is an infraction of the provision of law referred to earlier.

(3.) On the other hand, it was submitted by the learned Counsel for the respondent that even assuming that the said provision of law is attracted to the facts of the case, the increase of tax or cess payable in respect of the premises to the local authority should also be taken into consideration.