RAMJI DASS Vs. ROSHAN LAL

JUDGEMENT

(1.) THIS revision petition arises out of an application filed by the tenant Roshan Lal for the fixation of the fair rent for a double -storeyed shop situated in Bazar Boharwala, Jullundur City. The tenant's allegations were that the rent of the shop in 1938 -39 was Rs. 15 per mensem and he had paid rent at that rate up to 1953 when on the pressure from the landlord he began to pay rent at Rs. 30 per mensem.

(2.) THE landlord denied that the rent in 1938 -39 was only Rs. 15 and he alleged that certain improvements were carried out at the instance of the tenant in 1953 when the rent was fixed at Rk 30. He claimed that the fair rent was Rs. 60 per mensem. The learned Rent Controller after considering the evidence of the parties fixed the basic rent at Rs. 20 and the fair rent at Rs. 27.50 nP.

(3.) IT is not now contested that the actual rent in 1938 -39 was Rs. 15 and, therefore, this must constitute the basic rent under the provisions of Section 4 of the East Punjab Urban Rent Restriction Act, and the only permitted increase on the basic rent where it does not exceed Rs. 50 per mensem is according to Sub -section (5) 37 1/2 per cent which the learned Appellate Authority has calculated at Rs. 6 as a round figure, this being slightly in excess of the exact amount.