AMAR NATH CHHIBA Vs. NARINDER KUMAR

JUDGEMENT

(1.) THE dispute in the present Revision Petition pertain to fixation of fair rent of a shed in the Industrial Area, Ludhiana. The parties do not contest the fact that the building regarding which the fair rent is to be assessed, was not in existence in the year 1938 and it is the contractual rent which will be deemed to be the fair rent in this case. As regards contractual rent, the stand of the petitioner -landlord is that the same is Rs. 100/ - per month, while that of the respondent -tenant is that it is Rs. 50/ - per month. Apart from the oral evidence produced by the parties, there is an unimpeachable circumstance that in his earlier ejectment petition, the tenant voluntarily paid Rs. 100/ - per month on account of arrears of rent to avoid eviction and at that time he did not join issue in regard to the agreed rent for the premises This indeed is a very important piece of evidence which the lower Appellate Court has ignored. Apart from this, the prevailing rents for the type of building, i.e. an Industrial Shed in the Industrial Area A, Ludhiana, would also show that Rs. 100/ - per month cannot be deemed to be in any way exorbitant rent. I, will therefore, hold that the fair rent of the premises in dispute is Rs. 100/ - per month.

(2.) THE Revision petition is accepted, the order of the Appellate Authority is set aside and that of the Rent Controller is restored. There will be no order as to costs.