RAJPAL SINGH Vs. BANARSI DASS PUSHKAR DAYAL

JUDGEMENT

(1.) :-

(2.) THIS is a petition under Article 226 of the Constitution of India challenging the order of the Rent Control and Eviction Officer dated 16th November, 1978 and the appellate order dated 2nd November, 1979 fixing the standard rent in respect of the building in dispute at the rate of Rs. 225/- per month.

(3.) THE above sub-clause (i) (a) provides that in the case of a building governed by the old Act and let out at the time of the commencement of the Act where there is both an agreed rent payable therefor at such commencement as well as a reasonable annual rent, the agreed rent or the reasonable annual rent plus 25 per cent thereon, whichever is greater, will be the standard rent. In the instant case the property in dispute admittedly was let out at the time of the commencement of the Act, viz. 15th July, 1972 to Krishi Nirikshak at the rate of Rs. 450/- per mensem. THE reasonable rent, however, is Rs. 38/50 in accordance with clause (a). In case the agreed rent was higher than the annual reasonable rent then the agreed rent would be the standard rent. In clause (a) the words used are 'agreed rent at the commencement,' viz. on 15th July, 1972. In the instant case the agreed rent at the commencement of the Act was Rs. 450/-. This was admittedly higher than the reasonable annual rent. In the circumstances the standard rent for the entire building would be Rs. 450/- plus 25 per cent thereon. THE petitioner having only got allotted half portion of the said building the standard rent of the building would be Rs. 225/- plus 25 per cent thereof. THE Rent Control and Eviction Officer granted only Rs. 225/- as the standard rent as that was the amount claimed by the landlord. In my opinion the view taken by the Rent Control and Eviction Officer and the appellate authority is in accordance with law.