HARI RAM Vs. C K C MISRA

JUDGEMENT

(1.) This is a defendants' application in revision arising out of a suit for fixation of rent under Section 5 (4), U. P. (Temporary) Control of Rent and Eviction Act, III [3] of 1947, (hereinafter referred to as the 'Act'). The applicants are the landlords and were defendants to the suit which was instituted by the opposite party.

(2.) The opposite party entered into the occupation of the accommodation as a tenant of the applicants in July 1944, and the rent was fixed at Rs. 65 per month by an agreement between parties. A few months later, that is, near about February 1945, it was reduced to Rs. 60 per month. After the passage of the Act, the applicants enhanced the rent to Rs. 75 per month by means of a notice served upon the plaintiff opposite party under Section 5 (2) of the Act. The Municipal assessment of the accommodation is at the rate of Rs. 65 per month. So that according to the annual reasonable rent of the accommodation its monthly rent would be Rs. 81-4-0. The defendants were thus authorised by law to enhance the rent by means of a proper notice upto Rs. 81-4-0 per month, although they chose to enhance the rent upto Rs. 75 per month only. On receipt of this notice of enhancement and on demand being made for payment of rent at Rs. 75 per month, the plaintiff was led to institute the present suit.

(3.) The plaintiff's case is that having regard to the condition of the house, the reasonable rent is too excessive and that even the agreed rent was excessive. The plaintiff alleged that the house was old and dilapidated and not safe to live in, and that the plaintiff had to stick to the house because in spite of his best efforts he could not get another house.