VIJAY KUMAR AND ANR Vs. RAM LAL

JUDGEMENT

(1.) This revision petition is directed against the order of the Rent Controller, Kaithal, dated December 3, 1985, passed on an application under Section 5 of the Haryana Urban (Control of Rent and Eviction Act, 1973, (hereinafter called the Act), whereby the fair rent fixed earlier was revised.

(2.) Admittedly, vide order dated February 27, 1982, fair rent was fixed of the demised premises at the rate of Rs. 535.50 per annum with effect from November 3, 1978. In that application, Rs. 350 per annum were fixed as the basic rent. Since a period of five years had elapsed thereto, the landlord filed the application under Section 5 of the Act on March 24, 1984. Section 5 of the Act reads as follows :

(3.) The learned counsel for the petitioners submitted that under the Act, no procedure has been provided for revising the fair rent as contemplated under Section 5 of the Act. Therefore, for that purpose, the Rent Controller is to fall back upon the provisions of Section 4 of the Act. According to the learned counsel, before the fair rent could be revised the basic rent was to be fixed as provided under Section 4 and then an increase of 25 per cent was to be allowed thereon.