BASANTI DEVI Vs. RADHA KISHAN

JUDGEMENT

(1.) The challenge in the present revision petition is to the order passed by the learned Appellate Authority on 24.11.2004 whereby the application filed by the petitioners for permission to lead additional evidence was declined.

(2.) In a petition under section 5 of the Haryana Urban (Control of Rent & Eviction) Act, 1973 (hereinafter to be referred as the Act), the learned Rent Controller assessed the rent at the rate of Rs.591.15. The said rent was assessed in view of the fact that on the basis of compromise between the parties the learned Rent Controller fixed the fair rent on 1.11.1993 in a petition filed under section 4 of the Act.

(3.) The application for additional evidence was filed on the ground that in view of the change of law, the petitioners want to produce additional evidence to prove the prevalent rent in the locality. However, the said application was dismissed on the ground that the present petition is under section 5 of the Act and the same has to be decided on the basis of fair rent fixed by the authorities on 1.11.1993 and, therefore, the additional evidence sought is not relevant for the decision of the case.