DULI CHAND VERMA Vs. MAHENDER SINGH VERMA

JUDGEMENT

(1.) THIS revision petition is against the order of the Appellate Authority, Faridabad, whereby order of the Rent Controller dated 13-2-1991 has been modified fixing the fair rent at Rs. 584/per month.

(2.) BRIEFLY put, the petitioner filed an application for fixing of fair rent under Section 4 of the Haryana Urban (Control of Rent and Eviction) Act, 1973. It was stated that the respondent was a tenant at the monthly rent of Rs. 400/- besides the house-tax. The shop in dispute was constructed in the year 1980 and the prevailing rent in the locality for a similar shop was not less than Rs. 1,000/- per month and so prayed, that the fair rent of the shop may be determined.

(3.) RESPONDENT put in appearance, filed reply. The respondent admitted that he is in possession of the shop in dispute as a tenant at a monthly rent of Rs. 400/- but asserted that this amount included the house tax as well. It was denied that the prevailing rent in the locality of similarly 'situate shop was Rs. 1,000/- per month. The Rent Controller on the basis of evidence adduced by the parties and keeping in view the import of Section 4 of the Act allowed an increase of Rs. 184 thus determining the fair rent of the shop at Rs. 584/- per month.