DADRI EDUCATION SOCIETY THROUGH ITS PRESIDENT, SHRI RAM KISHAN GUPTA Vs. SHRI PYARE LAL SON OF SHRI JAGAN NATH, CASTE MAHAJAN

JUDGEMENT

(1.) THE revision petition is directed against the judgment dated 10.01.1991 rendered by the Appellate Authority (Additional District Judge), Bhiwani, vide which the appeal was accepted and the order of the Rent Controller dated 06.06.1989, was modified by fixing the fair rent of the demised premises, to the tune of Rs. 166/ - per month plus house tax, instead of Rs. 205/ - per month + house tax, fixed by the Rent Controller.

(2.) THE facts, in brief, are that the petitioner/landlord inducted Pyare Lal respondent/tenant, in the demised premises, as fully detailed, in the petition, at a monthly rental of Rs. 150 + house tax. The ejectment of the respondent/tenant, was sought, on the ground, that he had not paid the arrears of rent, from 01.02.1986 to 31.08.1986 @ Rs. 150/ - per month, and house tax, from 01.04.1986 to 31.08.1986 amounting to Rs. 73.85. The second prayer made, in the application, was that the fair rent of the shop be fixed as a new shop in the area, in which the same is situated, could fetch rent of Rs. 700/ - per month + house tax. Accordingly, a combined application under Sections 13 and 4 of the Haryana Urban (Control of Rent and Eviction) Act, 1973, was filed.

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