SADHU SINGH Vs. PYARA SINGH AND ANOTHER

JUDGEMENT

(1.) This revision is directed against the order of the Rent Controller dated 19.1.1989 whereby the fair rent of the shop in dispute was revised.

(2.) the petitioner filed a petition under Section 5 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short Act) on the allegations that the premises in question is a non-residential building and the fair rent thereof was fixed at the rate of Rs. 205/- per month by order dated 27.7.1982 passed by the Rent Controller, Jind from the date of filing the application i.e. 15.6.1981; that a period of more than five years has elapsed from the date of fixation of fair rent and that in view of the increase in wholesale price index he was entitled to the revision of fair rent.

(3.) The said petition was resisted by the tenant by filing a reply. The factum of fair rent being fived at Rs. 205/- per month on 27.7.1982 was admitted. It was, however, denied that the period of five years has elapsed from the date fixation of fair rent earlier.