ASHWANI KUMAR Vs. ROSHAN LAL AND ANR.

JUDGEMENT

(1.) The Landlord Ashwani Kumar has filed this petition against the order dated 9.2.2005, passed by the Appellate, Authority, Ambala under the Haryana Urban (Control of Rent & Eviction) Act, 1973 (hereinafter referred to as 'the Act'), dismissing the petition for ejectment filed by him on account of non -payment of rent, after setting aside the order of ejectment dated 1.4.2004, passed by the Rent Controller.

(2.) The brief facts of the case are that initially, the demised shop was rented out to the respondents -tenants on the monthly rent of Rs. 1,000/ -. Subsequently, on 13.6.1997, the landlord filed a petition under Sec. 4 of the Act for fixation of fair rent. The said petition was allowed by Rent Controller vide order dated 30.4.1999 and the rent of the demised shop was fixed at Rs. 1,836/ - per month with effect from 13,6.1997.

(3.) The tenants filed appeal against the said order. On 10.6.1999, the Appellate Authority stayed the operation of the order dated 30.4.1999 passed by the Rent Controller. Ultimately, on 29.9.2001, the said appeal was partly accepted and the fair rent of the demised shop was fixed at Rs. 1,329.50 per month.