KASTOORI Vs. SARWAN SINGH

JUDGEMENT

(1.) THE petitioner Smt. Kastoori, is the landlady and owner of the premises let out to the respondent who is a tenant. The demised premises was constructed in 1969 and were let out to respondent in terms of rent note dated 5.9.1969 executed by the respondent for a period of 11 months. However, the respondent continued as a statutory tenant after the expiry of 11 months. The rent in respect of the demised premises was Rs. 105/- per month excluding all other taxes for the fixed period of 11 months.

(2.) THE petitioner filed an application under Section 4 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as the 'Rent Act'). It was stated that similar shops with similar facility in the vicinity of the demised premises were fetching a rent of atleast Rs. 400/- per month excluding all other charges. Accordingly, it was prayed that the fair rent of the premises be fixed after fixing the basic rent prevailing in the locality. The petition was contested by the respondent. It was primarily contended that the petitioner is not the landlady and that in fact there was relationship of landlord and tenant between Mool Chand (husband of the petitioner) and the respondent. It is stated that rent was also paid to Mool Chand. The tenancy remained contractual throughout for which the agreed rate was Rs. 105/- per month which was agreed between Mool Chand and the respondent to be raised to Rs. 131/- per month. The learned Rent Controller framed the following issues :-

(3.) THE respondent filed an appeal against the order dated 8.5.1984 passed by the Rent Controller. The primary dispute before the appellate authority was regarding the fixation of fair rent. The learned appellate authority fixed the fair rent at Rs. 159/- per month in respect of the demised premises from 19.5.1980.