BABU SINGH Vs. TIRATH RAM

JUDGEMENT

(1.) This petition for revision is directed against the decision of the Appellate Authority reducing the fair rent fixed by the Rent Controller at Rs. 7.50 to Rs. 2.75 per mensem.

(2.) The contention of the learned counsel for the petitioner is that the Appellate Authority has not applied the correct principles in deciding this case and has also not appreciated the evidence properly and in fact has ignored the relevant evidence. This contention appears to be correct. The Rent Controller found that in 1938.39 the rent of this shop was Rs. 8/- per mensem but the rent of similar shop; in the area was Rs. 6/- or Rs. 7/- per mensem during that year and it is on that basis the Rent Controller fixed the rent at Rs. 7.50 per mensem, an appeal, the Appellate Authority has merely gone on the rent of the shop, it has ignored the fact that in fixing the fair rent all the circumstances have to be taken into account namely, what is the fair rent of same or similar building in the locality and not merely what the rent of the building is. In the year 1938, there may have been so much abundance of shops that the owner thought that instead of keeping the shop in dispute vacant he may have rented it at a nominal rent but it will not furnish its true rental value in that area.

(3.) It may be mentioned that the contractual rent of the shop in dispute was Rs. 35/- per mensem.