ROXON TRADING CO Vs. MADAN LAL

JUDGEMENT

(1.) This is the defendant's revision against th Judgment and decree of the learned Senior Subordinate Judge dated 15th July, 1961 which was ordered in September, 1961, to be heard early but has unfortunately been delayed so long that it is being disposed of only today. Though the matter ralates to the tenancy of the premises in question, luckily the question of eviction is no longer in controversy and I am only concerned with the question of fixation of standard rent.

(2.) It appears that in the ejectment proceedings in the Court of first instance, the defendant raised the plea of standard rent which was fixed by the trial Court at Rs. 12.00/8.00 per mensem.

(3.) On appeal, the learned Senior Subordinate Judge came to the conclusion that the demised shop was rebuilt in 1944 and after rebuilding, the same was let out to the tenant. The agreed rent, it is common case of the parties, was Rs. 53.12 np. per mensem. The learned Senior Subordinate Judge accepted the unrebutted statement of Ishar Dass rehitest that the cost of construction of the shop was Rs. 17,099.00 and calculating 7 per cent of this amount to beRs.975.00,held the monthly rent on the cost as deposed by Isher Dass to be Rs.82.15 np. per mensem. In view of the calculation, the lerned Senior Subordinate Judge observed that the agreed rent of Rs. 53,12 np. per measern could not bs considered to be anrearonable..