TANINDER TANDON Vs. DR. ANJAN PARKASH KAUR

JUDGEMENT

(1.) (Oral) - Challenge in the present revision petition is to the order dated 01.10.2014 passed by the Appellate Authority, Faridabad whereby while accepting the appeal of the landlady, provisional rate of rent was fixed at 25,000.00 against the provisional rate fixed by the Rent Controller at 5,000.00.

(2.) A perusal of the paper book would go on to show that the petition under Sec. 13 of The Haryana Urban (Control of Rent & Eviction) Act, 1973 (in short 'the Act') was filed by the respondent-landlady regarding eviction from House No. 1886, Sector 28, Urban Estate, Faridabad having an area of 500 square yards. The landlady pleaded that the tenant was in possession since July, 2008 @ 20,000.00 per month and as per the oral terms and conditions there was an enhancement clause of 10% every year and agreed rent was 32,210.00 and the tenant had failed to pay from Nov. 2010 to 31.10.2013. The plea of personal necessity and requirement was also taken.

(3.) The tenant in his reply denied that he had failed to pay the rent from Nov., 2010 to 31.10.2013 and the landlady would have not waited for 3 years for the rent. It was further pleaded that the rate of rent was only 5,000.00 and when the premises had been let out, the house in question was semi constructed and the tenant had spent 3,00,000.00 and two sheds, a room and a toilet were constructed by the tenant. The said amount was to be adjusted later in rent but there was a dispute. The Rent Controller vide order dated 06.12.2013, in compliance with the judgment of the Apex Court in Rakesh Wadhawan Vs. Jagdamba Industrial Corporation, 2002 (5) SCC 440, came to the conclusion that there was no written agreement between the parties and, therefore, assessed provisional rent at 5,000.00 per month with period of arrears of rent from 01.11.2010 to 31.10.2013 i.e. 36 months amounting to 1,80,000.00, interest of 22,200.00, costs of 1,000.00 and totalling to 2,03,200.00 were assessed as provisional rent and the petitioner-tenant was directed to pay within 15 days vide the said order.