LAWS(P&H)-2007-12-120

RAM KISHAN Vs. HEM CHAND

Decided On December 05, 2007
RAM KISHAN Appellant
V/S
HEM CHAND Respondents

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 28.01.1991 rendered by the Appellate Authority (Additional Distt. Judge), Bhiwani vide which it dismissed the appeal against the order dated 29.09.1989 for the Rent Controller, Charkhi Dadri, fixing the fair rent of the demised premises @ Rs. 86/ -including house tax w.e.f. 06.01.1988.

(2.) THE landlord/petitioner inducted the respondent, as a tenant in the demised premises, as fully detailed, in the ejectment application, at a monthly rental of Rs. 78/ - + house tax. The ejectment of the respondent/ tenant, was sought, on the ground, that he had been in arrears of rent from 01.11.1987 to 31.12.1987 + house tax, amounting to Rs. 108/ -. Prayer for fixation of fair rent, was also made, on the ground that after 01.09.1982, when the fair rent, was earlier fixed, there has been an increase in the price index. Accordingly, a combined application under Sections 13 & 4 of Haryana Urban (Control of Rent and Eviction) Act, 1973, was filed by the landlord/petitioner.

(3.) IN the replication, filed by the landlord/petitioner he reiterated all the averments, contained in the petition, and repudiated those, contained in the written statement.