BATA INDIA LIMITED Vs. ADDITIONAL DISTRICT MAGISTRATE NAGPUR

JUDGEMENT

(1.) This appeal is directed against the order passed by the learned Single Judge of this Court refusing to interfere with the monthly rent of Rs. 2000/- fixed by the Rent Control Authorities, on the ground that the question involved was purely one of fact.

(2.) Respondents Nos. 2 to 4 are the owners of the building known as Amar Chambers situated at Central Avenue Road, Nagpur. They filed an application March 27, 1975, for fixation of fair rent, under sections 4, 5 and 7(2) of the C.P. and Berar Letting of Houses and Rent Control Order, 1949, (the Rent Control Order, for short). on the ground that the prevailing rates of rent had increased enormously and there was an enormous rise also in the cost of building and materials since the year 1964. The appellant, on the other hand, contended that the fair rent was Rs. 300/- per month. After considering the evidence, the Rent Controller fixed the rent at Rs. 2000 /- per month and this was affirmed by the Appellate Authority. The learned Single Judge dismissed the appellants Writ Petition No. 1774 of 1983 as it involved purely a question of fact on which the authorities below had recorded concurrent findings.

(3.) The contention of the learned Counsel for the appellant, firstly, is that the rents, which the authorities below had taken into consideration as prevailing rents, were of the buildings which had been constructed ten to fifteen years after the construction of the house in question, and Clause 7(2) of the Rent Control Order required that the prevailing rates of rent of the houses which were constructed during the same time span should be taken into consideration. There is no dispute that the house in question was constructed after 1st April, 1940 (i.e. in or about 1962), and the premises came to be let out to the appellant by the lease-deed, dated 12th May, 1964, at a monthly rent of Rs. 700/- The only question, that requires consideration, is whether the expression "prevailing rent for same or similar houses" in Clause 7(2) of the Rent Control order has reference to the rent of the houses which were constructed in the same time span as the houses of which the fair rent is to be fixed.