MALKIAT SINGH Vs. KHUSHI RAM

JUDGEMENT

(1.) THIS revision petition under Section 15(6) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 ('Act' for short) has been filed against the order dated 4.12.1987 passed by the Appellate Authority under the Act at Ambala whereby the appeal preferred by the landlord- petitioner against the order dated 28.5.1987 passed by the Rent Controller, Ambala City has been dismissed.

(2.) PETITIONER Malkiat Singh along with Swaran Singh (respondent No. 2) and Baldev Singh (respondent No. 3) are owners of shop bearing No. 6842/AMC, 562, Block-V, Railway Road, Ambala City. Khushi Ram (since deceased) and now represented by his legal representatives Maya Devi and others was tenant under them at a monthly rent of Rs. 37/-. The petitioner filed an application under the Act before the Rent Controller, Ambala City for fixation of fair rent of the aforesaid demised shop. It was alleged that the demised premises was an old construction and was constructed prior to 1939. No fair rent had been fixed by the Rent Controller whereas the rental value of the demised shop in the locality had increased besides amenities like water, electricity, sanitation etc. were available. In this manner, the rate of rent was liable to be fixed at not less than Rs. 200/- per month. The rent of similar buildings was not less than that.

(3.) THE learned Rent Controller, Ambala on 18.10.1983 framed the following issues :-