S. YUSUFUDDIN Vs. A. V. RAMALINGAM & CO.

JUDGEMENT

(1.) I am dealing with C.R.Ps 489 and 490 of 1955. They arise cut of the appellate order dated 20th July 1955 of the District Judge, Secunderabad, by which he affirmed the order of the Rent Controller fixing the fair rent at H. S. Rs. 122 per mensem.

(2.) The petitioner Syed Yusufuddin is the landlord of two non-residential premises hearing Municipal Numbers 1391 and 1392 and A.V. Ramalingam, the respondent herein is the lessee thereof paying a monthly rent of Rs. 100/- plus municipal taxes. On 19th August 1953 the petitioner filed an application under the Hyderabad Rent Control Order of fixation of fair rent, His contention was that the tenancy came into existence some twenty years back and since then the afore mentioned rent had remained unchanged but the circumstances had changed. Having regard to the area, locality, the rent in the surrounding locality and the rise in the cost of living the stipulated rent was liable to be revised and fixed on a fair basis favourable to the petitioner. The respondent while resisting the application filed by the the petitioner, himself filed an O. P. praying for the reduction of the rent which he had been paying for the last thirty five years.

(3.) To substantiate the allegations with which the parties had approached the Rent Controller, they deposed in support of their respective cases. The petitioner produced extracts from the Municipal Assessment Register for the years 1941 to 1944 while the respondent exhibited the extract of the same register from 1st April 1953 to 30th September 1953. The Controller inspected the premises in question and a shop belonging to one Bala Prasad, an advocate, and gathered from the tenant thereof that he was paying a monthly rental of Rs. 71/- to the owner.