BHIM SEN Vs. MURARI LAL

JUDGEMENT

(1.) The opposite party is the landlord of three shops. Each of the applicants is a tenant of one of the shops for which he paid an agreed rent of Rs. 10/-a month. The landlord being of opinion that neither the agreed rent nor the reasonable annual rent of these shops was adequate, brought a suit against each of his tenants under Sub-section (4) of Section 5, U. P. (Temporary) Control of Rent and Eviction Act, 1947, claiming in each case that the Bhim Sen and Anr. vs. Murari Lal (20.09.1951 -ALLHC) Page 2 of 4 (20.09.1951 -ALLHC) Page 2 of 4 reasonable annual rent of the accommodation let to the tenant should be enhanced. The learned Munsif by his order dated 13-12-1948, increased the rent in one case to Rs. 24/- a month and in the two other cases to Rs. 20/- a month. It is that order which is the subject of the present applications.

(2.) Sub-section (4) of Section 5 reads as follows :

(3.) In my opinion this sub-section makes provision for two classes of cases : first, cases in which a landlord or tenant seeks an enhancement or reduction of the reasonable annual rent (the sub-section refers to an "annual reasonable rent" but it is not in dispute that what is meant is the "reasonable annual rent" as defined in Section 2(f) ), and, secondly, cases in which the tenant claims that the agreed rent is higher than the reasonable annual rent and that it should be reduced. It appears to me clear, on a plain reading of the subsection, that the proviso has reference only to claims which come within the second class. The expression "agreed rent" in the proviso relates back to a similar phrase in the earlier part of the sub-section and links the proviso with the second of the two classes of cases to which I have referred. Some argument has been based upon the word "vary" in the phrase "vary the agreed rent", it being contended that had the proviso related only to the second class of case the word "reduce" would have been used. Had the phrase been "increase or reduce the agreed rent" the position would have been different, but in my opinion the use of the word "vary" instead of "reduce" does not throw doubt upon the meaning and effect of the proviso.