JASWANT RAM Vs. L. KISHEN CHAND

JUDGEMENT

(1.) This is a revision under Sec. 115 of the Code of Civil Procedure filed by the Defendant in a suit for fixation of rent under Sec. 5(4) of the U.P. (Temporary) Control of Rent and Eviction Act, 1947 (U.P. Act III of 1947).

(2.) The Defendant has been a tenant of the Plaintiff from the 23rd of December, 1940, when a rent deed was executed by the Defendant agreeing to pay. Rs. 80/ -(Rs. 50/ - for two shops and Rs. 30/ - for a piece of land in front of one of the shops on which the Defendant has installed a petrol pump). In the yeas 1945 the Defendant gave up possession of one shop but he remained in possession of the land and the other shop. In April 1946 the rent of the shop in Defendant's possession was, by mutual agreement, increased to Rs. 32/8/ -. The Plaintiff was, however, not satisfied and gave a notice claiming rent at an enhanced rate and thereafter filed the suit No. 317 of 1946) for recovery of rent at the enhanced rate. The suit was however, decreed only for Rs. 111/4/ -, the rent being calculated at Rs. 32/8/ -the figure agreed upon, and the Defendant has continued to pay rent at that rate.

(3.) The Plaintiff filed this suit under Sec. 5(4) of the U.P. (Temporary) Control of Rent and Eviction Act for fixation of rent alleging that rents had gone up, that the rent of the shop was very inadequate and that the Plaintiff was entitled to get rent at the rate of Rs. 125/ - per month. The lower court, taking into consideration the rents of other shops situated in the locality, came to the conclusion that Rs. 75/ -per month from the date of the suit would be a fair rent for the shop. The Defendant has filed this revision and Mr. Dhavan, learned Counsel for the Defendant, has urged that the suit was not maintainable.