DULLAB Vs. VALLAB GANPAT

JUDGEMENT

(1.) THE question that arises in these two revision applications is whether under the Tenancy Act it is open to a landlord to have a reasonable rent fixed so as to increase the rent which the tenant is liable to pay under a lease. In revision application No. 952 the lease is for 10 years and the rent reserved is Rs. 175/-, and in revision application No. 953 the lease is also or 10 years and the rent reserved is Rs. 125. The Civil Judge, Senior 'division, Dhulia, has fixed the reasonable rent in revision application No. 952 at Rs. 340 and in revision application No. 953 at Rs. 245, and it is against these, orders that these two revision applications are preferred.

(2.) TURNING to the old Act of 1939 which applies, Section 14a provides:

(3.) THERE is a similar provision with regard to a protected tenant under Section 5, and Section 12 lays down the mode of determining the reasonable rent. Mr. Madbhavi emphasises Sub-section (2) of Section 14a and contends that it is not only a tenant but also a landlord who can apply for determination of a reasonable rent, and therefore the Legislature clearly contemplated that if the landlord applies for determination of a reasonable rent, the rent fixed under the agreement may be increased, and therefore the contention is put forward that the Civil Judge was right in increasing the rent fixed under the lease, as he took the view that the rent fixed was not a reasonable rent. Now, Section 25 provides: