KULWANT SINGH Vs. A.K. MITRA

JUDGEMENT

(1.) THIS revision petition is against the order of appellate authority dated 4.10.1991 whereby the fair rent of the shop in dispute has been fixed at Rs. 110.70.

(2.) THE petitioner filed an application under Section 4 of the Haryana Urban Control of Rent and Eviction) Act, 1973, for fixation of fair rent on the ground that the shop in dispute was let out to the respondent in the year 1960 at the rate of Rs. 84.55 per month inclusive of house tax. It was further averred that the shop is situated on the main G.T. Road Karnal and the present Market rent of such like shop is about Rs. 250/- per month. It is further alleged that no fair rent of the shop has been fixed so far.

(3.) FEELING dissatisfied with the order of the Rent Controller, the landlord as well as the tenant filed appeal which was disposed of vide order dated 4.10.1991. The Appellate Authority affirmed the finding of the Rent Controller that the agreed rent of the disputed premises is Rs. 84.55 inclusive of house tax and taking this to be the basic rent chose to determine the permissible increase on the basis of the Division Bench judgment reported as Gela Ram v. Sat Paul Sharma, 1988(1) RCR 657 (DB) : 1988 HRR 356. The Appellate Authority came to the conclusion that the Rent Controller has wrongly given an increase of Rs. 67.60 whereas the increase permissible in terms of section 4 of the Act as interpreted by the above referred Division Bench judgment, comes to Rs. 26.00. This way the tenant's appeal was accepted and the order of the Rent Controller was set aside and fair rent of the shop was fixed at Rs. 110.70 from the date of the filing of the application i.e. 13.1.1988.