VIJAY PAL Vs. KAUSHALYA DEVI

JUDGEMENT

(1.) THIS civil revision is directed against the order dated 9.3.1987 of the Appellate Authority, Kurukshetra dismissing the appeal of the landlord-petitioners against the order of the Rent Controller, Kaithal dated 6.1.1984.

(2.) THE petitioners had filed an application for fixation of fair rent under section 4 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short the 'Act') on 20.12.1980. The Rent Controller vide his order dated 6.1.1984 determined the fair rent at Rs. 189 per year i.e. Rs. 15.75 Ps. per month besides house tax. The appeal of the landlord-petitioners against the above determination has been dismissed vide the impugned order.

(3.) I find merit in the contention raised on behalf of the petitioners. This issue has already been decided by this Court in Gobind Ram v. Kanshi Ram, 2002(2) RCR(Rent) 499 (P&H) : 2002 H.R.R. 37 in which it was held that if there was no subsisting agreement of tenancy on the date on which the fair rent had to be fixed, the rate of rent mentioned in the agreement prior thereto could not be said to be the rent agreed between the landlord and the tenant. In the present case also, there was no subsisting agreement between the parties when the application for determination of fair rent had been filed on 20.12.1980. Thus, the approach of both the Courts below in adopting the rent on the basis of agreement which was subsisting upto 3.12.1969 as the basic rent was totally erroneous.