MALCHAND AGARWALA Vs. SANTOLAL AGARWALLA

JUDGEMENT

(1.) THIS is an appeal from the order of the Additional District Judge, Lower Assam Districts dated 29 -11 -1951 by which the order of Mr. A. Hai. Additional Subordinate Judge dated 28 -5 -1951 fixing fair and reasonable rent of the premises in dispute at Rs. 1300/ - per annum was upheld. Malchand Agarwalla the landlord has assailed the correctness of the orders or the courts below.

(2.) THE facts leading to this appeal may be briefly stated. Malchand Agarwalla, Appellant is the owner of the premises in question. Santolal Agarwalla, the karta of the joint Hindu family known as Santolal Puranmall, got a portion of the premises at an annual rental of Rs. 3001/ -. Later on, he discovered that the rent had been charged at a very exorbitant rate and was excessive. The landlord had taken advantage of his need and ignorance. He therefore applied under Sections 3 and 4 of the Assam Urban Areas Rent Control Act, 1946 (Act 3 of 1946) (hereinafter called the Act) for fixation of fair rent of the premises. In paragraph 5 of his petition he stated expressly that the rent for the first year commencing from 31 -10 -1948 and amounting to Rs. 3001/ - had been paid in advance. No relief in the petition was claimed for this year presumably because payment for the year had been made. This petition was resisted. On facts after a consideration of the entire evidence, the learned Subordinate Judge allowed an increase of 30 per cent, over the previous rent and fixed the annual rental payable under Section 3 at Rs. 1300/ -. On appeal the finding as to fair and reasonable rental was upheld.

(3.) SECTION 9 which governs the right of appeal is as follows: