MELA RAM Vs. LEKH RAJ

JUDGEMENT

(1.) THIS revision petition has been filed by the landlord against the order of the Appellate Authority vide which the fair rent fixed by the Rent Controller at the rate of Rs. 240/- per month has been set aside and the same has been fixed at the rate of Rs. 161/- per month from the date of application.

(2.) IN the instant case, the petitioner-landlord filed an application for fixation of fair rent under Section 4 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as 'the Act'). Admittedly, the premises in question, which is a shop, was rented out to the respondent- tenant at the rate of Rs. 140/- per month on 1.10.1978. It has further been alleged in the application that the premises was constructed in the year 1968. The petitioner-landlord claimed that the similar building in the vicinity of the demised premises were fetching rent at the rate of Rs. 500/- per month. Therefore, he prayed that the rent of the shop in question may be fixed at Rs. 500/- per month.

(3.) THE Rent Controller fixed the rate at the rate of Rs. 240/- per month. The respondent-tenant challenged the said order in appeal. The Appellate Authority found that the Rent Controller has not assessed the fair rent according to the procedure and formula prescribed under Section 4 of the Act. The Appellate Authority took the agreed rent of Rs. 140/- per month as the basic rent and after that fixed the fair rent at Rs. 161/- per month, after taking into consideration the percentage of increase in the wholesale price index. Against the said order, the present revision petition has been filed by the petitioner-landlord.