PAWAN KUMAR Vs. GOPAL DASS

JUDGEMENT

(1.) THE present revision petition has been filed by Pawan Kumar and others (hereinafter described as "the petitioners") directed against the judgment of the learned Appellate Authority, Karnal, dated 22.4.1982. By virtue of the impugned judgment, the learned Appellate Authority fixed the fair rent of the shop in dispute at Rs. 15.40 per month with effect from the date of filing of the application i.e. 28.1.1997.

(2.) THE relevant facts are that the petitioners had filed an application for fixation of fair rent of the suit premises. It was alleged that Gopal Dass respondent had taken the shop in dispute on rent in 1956 from one Daulat Ram at a monthly rent of Rs. 10/-. He was also liable to pay house tax. Daulat Ram died couple of years before the filing of the petition. Pawan Kumar was the adopted son of Daulat Ram. Thereafter, Pawan Kumar petitioner had been receiving the rent of the shop and had also been joined as a petitioner. The shop in dispute had been constructed and let out much before 31.12.1961. The rent of similar shops situated in the locality was not less that Rs. 150/- per month in the year 1962. It was, thus, prayed that fair rent should be fixed.

(3.) THE learned Rent Controller had framed the issues and fixed the fair rent of the shop is question at Rs. 32.50 per month.