DHARAM PAUL Vs. YOG RAJ

JUDGEMENT

(1.) THE short point for decision in this application under Article 227 of the Constitution is whether the learned District Judge was justified in dismissing a tenant's application for fixation of rent on the ground that the parties had failed to adduce evidence on the basis of which the rent could be fixed.

(2.) THE facts of the case are simple and not seriously in dispute. On 26-12-1950, Dharam Paul took on lease a certain shop situate in the bazar of Palampur on a rent of Rs. 80/-per mensem. On 30-7-1951 the tenant applied to the Rent Controller for fixation of rent under the provisions of section 4, East Punjab Urban Rent Restriction Act. In the enquiry which followed neither the tenant nor the landlord produced any evidence about the prevailing rates of rent of similar buildings in the neighbourhood. The Controller examined the Property Tax Assessment Register of the Town Committee at Palampur and on the basis of the information contained in those documents, fixed the rent of the premises in question at Rs. 11/7/4 per mensem. The learned district Judge set aside this order and dismissed the application for fixation of fair rent by means of an order the concluding portion of which runs as follows:

(3.) SECTION 15 of the said Act, which relates to appeals from the orders of a Rent Controller, runs as follows: