RAJESHEAR DASS Vs. RAMESHWAR DAYAL

JUDGEMENT

(1.) THIS is a tenant's petition filed against the concurrent findings recorded against him by the Rent Controller as also by the Appellate Authority whereby the application for fixation of fair rent filed by the landlord has been allowed and the rent at the rate of Rs. 61. 25 has been determined to be payable by the tenants with effect from the date of the application i. e. 28th August, 1974.

(2.) THE only point urged by Mr. Soni, learned counsel appearing for the petitioners, is that even as per the provisions of Section 4 of the Haryana Urban (Control of Rent and Eviction) Act, 1973, the calculation made by the Rent Controller and duly endorsed by the Appellate Authority was incorrect and keeping in view the All India Wholesale Price Index number, the fair rent should have been fixed at Rs. 55 instead of Rs. 61. 25 per month.

(3.) I have heard the learned counsel for the parties on this aspect and find that there is no merit in this argument. In paragraph 7 of the order of the Rent Controller, I has been specifically mentioned that the parties had admitted at the Bar that the increase of 55 per cent was to be allowed on the basic rent and, in that situation, the fair rent that has been fixed is on the agreement of the parties and now cannot be successfully challenged.