ROSHAN LAL Vs. SUDHIR KUMAR

JUDGEMENT

(1.) TENANT -petitioner has filed this revision against Appellate Authority's order dated August 4, 1987, whereby he has dismissed the appeal by affirming the Rent Controller's order dated September 13, 1986, passed under Section 4 (2) (a) of the Haryana Urban (Control of Rent and Eviction) Act, 1973, (in short, the Act ).

(2.) LANDLORD -respondents filed a petition for fixation of fair rent before the Rent Controller alleging that the building was constructed in the year 1956. The suit shop was demised to the tenant-petition at a monthly rent of Rs. 16. 67 paise plus house tax. They also averred that in the year 1962, the rent of such shops in the locality was Rs. 100/- per month. On that basis they claimed fixation of fair rent.

(3.) THE Rent Controller, relying on the statement of A. W.-1 Baldu Ram, which was supported by documentary evidence Exhibits A-8 to A-10 and A-12 held that in 1962 another shop in the same locality was leased out at Rs. 100/- per month and still another held shop was leased out at the rate of Rs. 40/- per month. Thus, he determined the basis rent of the disputed shop under Section 4 (3) of the Act and fixed the fair rent at Rs. 129. 81 paise per month. Tenant's appeal was also rejected.