MORNI DEVI Vs. IQBAL SINGH

JUDGEMENT

(1.) This order will dispose of Civil Revisions Nos. 871, 873, and 874 of 1971.

(2.) The dispute is between the landlady Morni Devi on one hand and her three tenants Iqbal Singh, Om Parkash and Abnash Chander on the other. Iqbal Singh is tenant of shop No 8863. Om Parkash is tenant of shop No. 8864 and Abnash Chander is tenant of shop No. 8865. The agreed rent on which the shops were taken on lease, is as follows :-

(3.) It is common ground that there was one shop 11' x 18' which was sold by the Custodian and was acquired by true landlady. The landlady then made three shops and rented them out. The Rent Controller and the Appellate Authority were mainly influenced by the rent that the Custodian was charging for the entire shop and by the entries in the Property Tax Register, and also considered the other shops in the locality to arrive at a air rent. After going through the evidence I find that he evidence does of justify the conclusion at which the Appellate Authority and the Rent Controller have arrived at. The rent paid to the Custodian is no criterion at all, because evacuee properties were leased out on very nominal rental. he shops are situate on Railway Road Ambala City. This is stated to be a most important shopping centre in the City. In this situation it appears to me that it would not be fair to go by the consideration by which the two authorities have gone. Keeping in view the agreed rent offered by the tenants and the other circumstances of the case, it appears to me that the fair monthly rent for these shops would be Rs. 16/- each for shops No. 864 and 8865 and Rs. 8/-. for shop No. 8863/-. I accordingly allow these petitions and fix the fair rent as indicated above. There will be no order as to costs. Petition allowed.