SUMAN BHANOT Vs. D.R. DOGRA

JUDGEMENT

(1.) Since there is delay of 148 days in filing the revision petition, an application under Section 5 of the Limitation Act bearing C.M. No. 22162-CII/2013 has been filed seeking condonation of said delay. The application is supported by an affidavit of one of the petitioners. For the reasons stated in the application, duly supported by the affidavit, the cause shown is sufficient. Hence application is allowed and delay of 148 days in filing the present revision petition is condoned.

(2.) Main Case.

(3.) It is contended that in the rent agreement dated 1.1.2007 (P1), the relevant clause provided an increase of 7% every year and the learned Rent Controller has not taken into account the said clause while fixing the assessed rate. It is further argued that the lease deed of a similar premises (P4) shows that the prevalent market rent is Rs. 55,000/- per month and therefore, the prevalent rent assessed is on lower side.