MORNI DEVI Vs. IQBAL SINGH

JUDGEMENT

(1.) THIS will dispose of Civil Revision Nos. 2154, 2155 and 2156 of 1980.

(2.) MORNI Devi (petitioner herein) filed three separate applications before the Rent Controller for fixation of fair rent in respect of three shops namely shop No. 8863/5 in possession of Iqbal Singh, tenant, Shop No. 8864/5 in occupation of Avinash Chander, tenant. It was alleged in the applications that initially, the shops were let out to Iqbal Singh at the rate of Rs. 70/- per month; Om Parkash and Avinash Chander at the rate of Rs. 65/- per month respectively. Prior to filing of the present applications for fixation of fair rent, in earlier litigation between the parties, D.K. Mahajan, J. (as his Lordship then was) in Civil Revision No. 871 of 1971 decided on 2.11.1972, had fixed the fair rent of the shop in occupation of Iqbal Singh at Rs. 16/- per month, and Rs. 18/- respectively for the shops in occupation of Om Parkash and Avinash Chander. The present applications were filed on coming into force of Haryana Urban (Control of Rent and Eviction) Act, 1973. In the said applications, it was claimed that fair rent be fixed at Rs. 70/- per month.

(3.) THE State of Haryana vide Haryana Act No. 11 of 1974 made certain amendments in the Court Fee Act, 1870 in its application to the State of Haryana. Under Article 16 of Schedule (2) of the Haryana Act No. 11 of 1974, the Court fee payable on the application for fixation of rent is as follows:-