TIRATH DASS Vs. RAJ RANI

JUDGEMENT

(1.) THIS petition is directed against the order of the Appellate Authority dated 30. 10. 1986 whereby fair rent of the shop in dispute situated in Kaithal was fixed at the rate of Rs. 400/- per month

(2.) THE shop located in the Maudi Zargaran, Kaithal was let out by Smt Raj Rani to her tenants Tirath Dass and Lakhmi Dass at an annual rent of Rs. 900/ vide rent note dated 1. 7. 1969 Ex. A. 6 The rent note was only for a period of 11 months. After the expiry of the said period the tenants continued therein as statutory tenants. The landlady filed the present application for fixation of fair rent on 6-9-1980 and claimed that the prevalent rate of rent was Rs. 4,800/-- per annum in the locality where the building was situated and with the passage of time since the tenancy was only an annual one, therefore, the rent of Rs. 90/- could not be treated to be the agreed rate of rent and since the building was constructed in the year 1968, therefore, she was entitled to the fixation of fair rent at the rate of Rs. 4,800/- per annum.

(3.) THE tenant contested the application and denied all the averments made in the application and did not take up any specific plea After framing the issues and allowing the parties to lead the evidence, the Rent Controller, on the basis of rent note Ex. A. 5 dated 23-6-1980 came to the conclusion that the shop was constructed in the year 1968 and the prevalent rate of rent in the locality was Rs. 2,400/- per annum and, therefore, fixed the basic rent and fair rent accordingly, relying upon the contents of rent note Ex. A. 5. Aggrieved with the same the landlady filed an appeal. The Appellate Authority affirmed the findings of the Rent Controller that the shop was constructed in the year 1968. However, relying upon the contents of rent note Ex A. 5 it was found that the rent fixed therein at the rate of Rs. 2,400/ was for six months only and not per annum. Consequently, the fair rent was fixed at the rate of Rs. 4,800/- per annum i. e. Rs. 400/par month Dissatisfied with the same, the tenants have filed this petition in this Court.