MAHESH CHAND Vs. AMAR NATH

JUDGEMENT

(1.) MAHESH Chand petitioner herein is landlord. This petition is directed against the judgment of learned Appellate Authority, Gurgaon dated 16.2.1989 reversing the judgment of learned Rent Controller, Gurgaon dated 13.5.1987 vide which the fair rent of the shop was fixed at Rs. 68/- per month being operative from 10.8.1983.

(2.) THE petitioner filed an application before the Rent Controller for fixation of fair rent of the shop situated near Bhuteshwar Mandir Chowk Basai Road, Gurgaon as a tenant on the monthly rent of Rs. 35/- and no fair rent has been determined. It was further averred that no rent deed was ever executed between the petitioner and the respondent and that the rent was agreed orally. It was then asserted that the construction of building of the said shop was completed after 31.12.1961 and the respondent-tenant has been occupying the same since 1963. It is also averred that the rent prevailing in the locality at that time for similar type of buildings was at least Rs. 300/- per month and his shop could also fetch more than Rs. 300/- per month.

(3.) THE learned Rent Controller by detailed judgment dated 13.5.1987 returned the findings in favour of the landlord and fixed the fair rent at Rs. 68/- per month with the observation that the same shall be operative from the date of application i.e. from 10.8.1993. Aggrieved with the said judgment, the respondent-tenant filed an appeal and the learned Appellate Authority reversed the finding of learned Rent Controller and held that Rs. 35/-, the rent which the respondent-tenant was already paying to the petitioner in fact is the fair rent. Hence, this revision petition by the petitioner-landlord.