KAILASH CHANDER Vs. BASANT LAL

JUDGEMENT

(1.) THIS judgment shall dispose of two revision petitions No, 3066 and 3067 of 1980. The facts are being taken from C R. No. 3066 of 1980.

(2.) SHORTLY stated, the fasts of the case are that the landlord (hereinafter referred to as the petitioner) brought the petition before the Rent Controller in the year 1976 for fixation of fair rent of the disputed shop which was on rent with respondents Basant Lal and Kashmiri Lal against annual rent of Rs. 1100/ -. Initially the tenancy was for a period of one year from 20 9. 1955 to 19. 9. 1956. On the expiry of period of one year, tenant-respondents (hereinafter referred to as the respondents) continued to be in occupation of the shop as statutory tenants. It was stated in the petition that after 1956, rent of similar shops in the locality had increased and in the year 1962, the rate prevalent of the similar shop was more than Rs. 2000/- per month ; that there was manifold increase in the All India Wholesale Price Index. It was prayed that the fair rent of the shop should be fixed at Rs. 3000/- per annum.

(3.) TENANTS after service filed their written statement resisting the petition. It was denied that they were statutory tenants on the shop in dispute and pleaded that after the year 1956, the tenancy was renewed on six months basis on payment of Rs. 550/. This arrangement continued upto 20. 3. 1974. Other averments made in the petition were controverted and it was averred that in the year 1962, the rent of similar shops in the locality was not more than Rs. 1100/- per month.