KANHAIYA LAL Vs. VIDYA RAM

JUDGEMENT

(1.) This civil revision by a defendant arises out of a suit for fixation of rent and for arrears of rent. Kanhaiya Lal filed the suit against Vidya Ram with these allegations. The plaintiff is the owner of a certain shop at Agra. The defendant has been occupying the shop as plaintiff's tenant. The defendant got the rent of the shop fixed at Rs. 3.00 per month under Sec. 3-A of the U.P. (Temporary) Control of Rent and Eviction Act (hereinafter referred to as the Act). The rent so fixed is inadequate. The fair rent for the shop is Rs. 25/- per month. The defendant had not paid rent for the shop for several years. The plaintiff therefore requested the court to fix the rent of the shop at Rs. 25/- per month. The plaintiff also prayed for a decree for Rs. 300.00 on account of arrears of rent for one year at the rate of Rs. 25/- p.m.

(2.) The defendant contested the suit on the ground that the annual reasonable rent fixed under Sec. 3-A of the Act was fair. The defendant also pleaded that the suit was not maintainable. The suit was tried by the 1st Additional Munsif of Agra. He held that the fair rent for the shop is Rs. 25/- p.m. He fixed the rent accordingly. The court also passed a decree in plaintiff's favour for Rs. 300.00 on account of arrears of rent for one year.

(3.) Against that decree, the present revision has been filed by Vidya Ram defendant. When the revision came up for hearing before a learned single judge of this Court on 12.5.64. he was of the opinion that the revision raises certain important question of law. He, therefore, referred the case to a large Bench.