SANT LAL Vs. HIRA LAL

JUDGEMENT

(1.) THE landlord let out the premises in dispute by a rent note dated 1.1.1956 at the rate of Rs. 15/- per month. Later on a fresh rent note dated 1st April, 1964 was written but the agreed rate of rent continued to be Rs. 15/- per month. On 26th August, 1975 the landlord filed a petition under Section 4 of the Haryana Urban (Control of Rent and Eviction) Act, (hereinafter called 'the Act') for fixation of fair rent. According to him, Rs. 100/- was the fair rent. The tenant contested the petition.

(2.) THE Rent Controller found that on the basis of rise in price index the landlord was entitled to increase of Rs. 5/- per month on the agreed rent and, therefore, ordered that Rs. 20/- was the fair rent of the premises. The landlord's appeal remained un-successful before the Appellate Authority and this is revision by him.

(3.) IN this case we are not to find out the rent prevailing in the locality for the similar building during the year 1962 as there is definite evidence that on 1st April, 1964, a fresh rent note was executed between the parties, where-under Rs. 15/- was agreed rate of rent. If from 1956 to 1964 rent was Rs. 15/- per month, it can safely be taken that during 1962 also rent was Rs. 15/- per month. Therefore, this would be the basic rent. According to sub-section 3, increase has to be allowed on the price index, which matter has been rightly determined by the Rent Controller and the Appellate Authority. They have rightly allowed increase of Rs. 5/-. Hence determination of Rs. 20/- as fair rent calls for no interference. The revision is accordingly dismissed but with no order as to costs. Petition dismissed.