NEKI RAM Vs. BALWANT SINGH

JUDGEMENT

(1.) THIS judgment would dispose of two revision petitions No. 30 and 308 of 1981, as the common questions of law and facts are involved in both the cases. It may be noted that the Appellate Authority disposed of the two appeals arising against two different orders passed by the Rent Controller by a common judgment dated October 15, 1980, which has been made subject of challenge in both the aforesaid revisions.

(2.) THE facts which need to be noticed are that the landlord late Shri Hari Krishan filed an application before the Rent Controller for fixation of fair rent in respect of the premises defined and prescribed in the application and is being stated as demised premises. Shri Neki Ram is admittedly the tenant in the demised premises. It is vide rent note dated November 1, 1962, the tenant had taken the demised premises on rent for a period of six months at the rate of Rs. 70/ - per month plus house tax. After the expiry of the period of tenancy, the tenant continued to be in use and occupation of the demised premises and resultantly claimed himself to be the statutory tenant. It is alleged that the shop of similar nature in the same locality fetches rent of Rs. 300/ - per month and that the tenant is paying only Rs. 70/ - plus house tax to the landlord. The stand of the landlord is that a shop in front of the demised premises owned by one Rajinder Parshad was given on rent on April 1, 1970 at a monthly tenancy of Rs. 175/ - plus house tax. Similarly another shop in the locality belonging to the same person had been rented out at Rs. 175/ - plus house tax per month on March 1, 1970. The description of both the aforesaid shops is that they are comprise of one Khan each, perhaps it means that it comprised of one room only whereas the demised premises comprised of two Khans. Resultantly, the landlord has claimed fair rent to be fixed at Rs. 300/ - per month plus house tax in respect of the demised premises.

(3.) THE pleas of the tenant have been controverted by the landlord and the stand taken in the application has been reiterated. Upon the pleadings of the parties, the issues were struck. The application has been accepted by the Rent Controller and that the fair rent has been fixed at the rate of Rs. 124/ - per month plus house tax in respect of the demised premises. Aggrieved of the judgment dated September 15, 1979 passed by the Rent Controller, the landlord and the tenant both filed respective appeals before the Appellate Authority. Both the appeals have been dismissed by the Appellate Authority vide judgment dated October 15, 1980. C.R. No. 30 of 1981 has been filed by the tenant and C.R. No. 308 of 1981 hits been filed by the landlord.