BRIJ LAL S/O SUNSA RAM Vs. SMT. LAL BAI W/O GULI CHAND NOW DECEASED REPRESENTED THROUGH HER LEGAL HEIR SHRI AMAR SINGH S/O SH. GULI CHAND

JUDGEMENT

(1.) THIS is a tenant's revision petition filed under Sub -section (6) of Section 15 of the Haryana (Control of Rent and Eviction) Act, 1973 (for brevity, 'the Act') challenging concurrent findings of fact recorded by both the Courts below. After the failure of the tenant -petitioner before the Rent Controller, Faridabad for determination of fair rent under Section 4 of the Act and Consequential relief of recovery and adjustment, he filed an appeal before the Appellate Authority, Faridabad which met with the same fate. The Appellate Authority dismissed the appeal on 7.1.1986 and feeling aggrieved against that order the tenant -petitioner has approached this Court by way of instant revision petition.

(2.) FACTS necessary for deciding the controversy raised in the present revision petition are that the tenant -petitioner has been a statutory tenant under the landlord -respondent who filed an ejectment petition against him claiming rent at the rate of Rs. 450/ - p.m. The tenant -petitioner had paid the rent at the rate of Rs. 35/ - p.m. and yet to avoid ejectment, he tendered the rent as claimed by the landlord -respondent. However, he, later on, filed Application No. 69/2 of 1983 on 26.7.1983 in which prayer was made for fixing the fair rent of the rented premises at Rs. 35/ - p.m. exclusive of house tax etc. and also sought recovery of the excess rent paid. The present petition has arisen out of the proceedings initiated by Application No. 69/2 of 1983. The application was contested and on the basis of pleadings of the parties, the Rent Controller framed the following issues: -

(3.) WHETHER the respondent is liable to be restrained from recovering the rent of the shop in question till the amount of Rs. 4225/ - is adjusted? OPP