BHAGWAN DASS Vs. SANGTOSH

JUDGEMENT

(1.) THIS petition is directed against the order of the Appellate Authority dated 5th September, 1985, whereby the Rent Controller was directed to submit a report to the effect as to what as the rent prevailing in the locality for similar buildings on the date of the presentation of the petition, i.e. 20th January, 1981.

(2.) THIS petition was admitted primarily on the ground that the vires of section 4 of the Haryana Urban (Control of Rent and Eviction) Act, 1973, were challenged. Even on the last date of hearing, i.e. 10th February, 1986, notice was issued to the Advocate General, Haryana, for the same reason.

(3.) IT is surprising that the petitioner never brought the fact of filing the writ petition by him in the Supreme Court either to the notice of his counsel or this Court. Without disclosing the said fact he got further proceedings stayed before the Rent Controller. Thus, it appears that the conduct of the tenant-petitioner was not above board and he tried to over-reach the Court by concealing material facts. Consequently, the petition fails and is dismissed with costs. Costs assessed at Rs. 1,000/-.