BANSHI DHAR Vs. SHIV DAYAL

JUDGEMENT

(1.) THIS is landlord's petition whose application for fixation of fair rent has been dismissed by both the Authorities below.

(2.) THE shop in dispute was given on rent to the respondent through rent deed dated May 23, 1967, on a monthly rent of Rs. 130. The shop was given only for one month. Later on the tenant occupied the same as a statutory tenant and, therefore, the rent agreed under the rent deed was no more binding on the parties and it was, therefore, prayed that the fair rent be fixed for the disputed shop. In the written statement, the tenant pleaded that the rent of Rs. 130 per month was fixed by agreement and that should be deemed to be the fair rent qua the disputed shop. After discussing the entire evidence, the learned Rent Controller held as under :