BHIM SAIN Vs. PUSHPA DEVI

JUDGEMENT

(1.) PUSHPA Devi respondent is the owner of the shop in dispute situate in Charkhi Dadri which was let out to Bhim Sain petitioner in 1955 at Rs. 37.50 per month. In April, 1979, Pushpa Devi (landlady) filed a petition for ejectment against the petitioner on various grounds and also prayed for fixation of fair rent. The Rent Controller vide order dated April 3, 1981, fixed the fair rent of the shop in dispute at Rs. 71.25 per month with effect from the date of presentation of the petition, i.e. April 11, 1979. The prayer regarding ejectment of the petitioner was declined. The respondent filed an appeal against the order of the Rent Controller which was disposed of by the Appellate Authority vide order dated January 21, 1982. The order of the Rent Controller dismissing her ejectment petition was maintained. The fair rent was, however, increased from Rs. 71.25 to Rs. 133/- per month with effect from April 11, 1979. The petitioner has assailed the order of the Appellate Authority fixing the fair rent at Rs. 133/- per month in the present revision.

(2.) THE relevant part of section 4 of the Haryana Urban (Control of Rent and Eviction) Act, 1973, (hereinafter the Act) reads:

(3.) THE learned counsel for the petitioners has argued that the approach of the Appellate Authority is erroneous inasmuch as the situation of the shop in dispute and that of shop which was let out vide rent note Exhibit R. 10 is not similar and further the rent could not be doubled commensurate with the size of the shop. The contention of the learned counsel for the petitioners must prevail. The shop which was let out vide rent note Exhibit R. 10 is situate on the railway road. The shop in dispute is not situate on the railway road. The Appellate Authority could not treat the situation of the two shops identical merely because the shop in dispute is situate near the railway road. This apart, the Appellate Authority erred doubling the rent on the sole ground that the area of the shop in dispute is double that of the shop which was given on rent vide rent note Exhibit R. 10. The finding of the Appellate Authority fixing the basic rent of the shop in dispute at Rs. 70/- per month is set aside and that of the Rent Controller fixing the rent at Rs. 37.50 per month restored.