VIKRAM SINGH Vs. MANOHAR LAL

JUDGEMENT

(1.) PETITIONER is the landlord of demised premises comprising of a shop situate at Delhi -Mathura road in district Faridabad. The respondent filed an application under Section 4 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short 'the Act'), for fixation of fair rent. The learned Rent Controller allowed the application of the respondent determining the fair rent @ Rs. 706/ - per month to take effect from the date of filing the application under Section 4 of the Act which was affirmed by the Appellate Authority. The application before the Rent Controller was instituted on 19.03.1998 and decided on 22.5.2001. The instant revision has been filed under Section 15(6) of the Act to challenge the concurrent findings of the Courts below. There is no representation from the respondent despite service.

(2.) THE respondent -tenant pleaded that premises in question was rented out to him by the petitioner in the month of October, 1988 @ Rs. 550/ - per month. It was stated that the landlord increased the rent arbitrarily and illegally and respondent was presently paying the rent @ Rs. 1421/ - per month for saving his eviction. The rent prevailing in the locality in respect of similar building was not more than Rs. 700/ - per month. It was contended that the landlord was not entitled to the increase of more than 25% of the basic rent under the law. Therefore, it was prayed that the fair rent may be fixed @ Rs. 800/ - per month or at the rate of any other such rent which may be deemed fit and appropriate. Version of the petitioner in his written statement was that a rent agreement was executed between the parties, in terms whereof the rent was to be increased. Learned Rent Controller framed the following issues: -

(3.) I have heard learned counsel for the petitioner, carefully perused the orders passed by the authorities below and the records.