AMAR NATH AND OTHERS Vs. HARI KRISHAN LAL

JUDGEMENT

(1.) Harikrishan Lal tenant made a petition under section 4 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Act) for the fixation of fair rent of a shop and a Chaubara thereon suitable in Malout Mandi. Shagan Lal landlord opposed the said petition. It was alleged by the tenant that the agreed rent between the parties was Rs. 600/- per annum; that the premises are old and have been in existence since prior to 1938 and in the year 1939 the rent of these premises was Rs. 18.00/- per month.

(2.) On the pleadings of the parties, various issues were framed. The subject matter of controversy between the parties which survives for determination in this petition is issue No. 2 only which is as follows :

(3.) Under this issue the Rent Controller came to the conclusion that the tenant has failed to adduce any evidence so as to hold a particular amount as basic rent for the year 1938 of the premises in dispute and thus the basic rent could not be fixed. This finding has been reversed by the Appellate Authority. The lower Appellate Authority has come to the conclusion that the basic rent of the premises in question is Rs. 50/-. per annum. To this an increase of 5% was added under issue No. 3 and the basic rent was held to be Rs. 75/- per annum. This finding of the Appellate Authority is being assailed in this petition.