MUNSHI RAM Vs. DUGGAR MAL

JUDGEMENT

(1.) THIS petition is directed against the Order, dated 13th August, 1991, passed by the Rent Controller, Bhiwani, and the order, dated 4th January, 1994, passed by the appellate Authority, Bhiwani.

(2.) BRIEFLY stated, the facts of the case are that the petitioner, who is the landlord of the shop in question, situated at Bus-stand, Bhiwani, filed a petition Under Section 13 of the Haryana Urban (Control of Rent)& Eviction Act, 1973 (hereinafter referred to as the Act) for eviction of the respondent-tenant for nonpayment of the rent. In those proceedings, the stand taken by the tenant was that initially agreed rent of the shop was Rs. 150/- per month and later on it was increased to Rs. 200/- per month whereas the landlord had been demanding rent at the rate of Rs. 300/- per month. These proceedings culminated into a compromise arrived at between the parties. Thereafter the suit was decreed in terms of the compromise. The relevant Rent Controller, reads as under:

(3.) MS . Sapra, learned counsel appearing on behalf of the petitioner-landlord submitted that agreed rent between the parties right from Ist February, 1982 had been fixed at Rs. 300/- per month and in fact during the course of proceedings Under Section 13 of Act, the tenant had admitted the rate at rent and had arrived at a compromise. In pursuant to that compromise, he had paid the arrears of rent of the rate of Rs. 300/- per month from the date it was due. She also contended that the rate of rent agreed to in the proceedings Under Section 13 of the Act cannot be equated to the proceedings Under Section 4 of the Act.