DURGA DEVI Vs. BAHADUR CHAND

JUDGEMENT

(1.) ON an application moved by the petitioner (landlord) the Rent Controller found that it was not possible to fix the basic rent as required by Section 4 of the East Punjab Urban Rent Restriction Act, 1949, but still fixed the fair rent by observing that it has to be done according to the present conditions of the locality. His order was set aside by the Appellate Authority vide the impugned order on the ground that there being no evidence on the record to determine the basic rent no fair rent could be fixed. Aggrieved thereby the landlord has come up in this revision.

(2.) THE learned counsel for the petitioner contends that it is the duty of the Rent Controller to fix the fair rent once the application has been moved either by the tenant or the landlord. There can be no dispute with this proposition but if no evidence is led by either of the parties, the Rent Controller is not required nor would he be in a position to collect and procure evidence to determine the fair rent. In such a situation the only order that the Rent Controller can possibly pass would be that of the dismissal of the application for want of any material on the record which could enable him to fix the fair rent. No fault, therefore, can be found with the impugned order and this petition is accordingly dismissed. No costs. Petition dismissed.