JAGDISH CHAND Vs. MUNSHI LAL

JUDGEMENT

(1.) The only question which needs determination in this petition is regarding the decision of the Rent Controller, Palwal, dated the 22nd December, 1972, and that of the Appellate Authority, Gurgaon, dated that 31st August, 1973 on issue No. 1 which is as follows :-

(2.) The undisputed facts are that one shop was rented out to the petitioner at the rate of Rs. 8/- per mensem, vide rent note Exhibit R. W. 1/1 dated 7th August, 1956. Subsequently, the petitioner executed another rent note Exhibit P.W. 1/1 on 2nd April, 1962, regarding two shops at the rate of Rs. 25/- per month one shop being the subject matter of the earlier rent note and the other, which was demolished by the Government on 18th July, 1970.

(3.) The contention of the learned counsel for the petitioner is that in view of the fact that one of the shops was demolished, the landlord is not entitled to any rent as the payment of the same to be suspended; and after the rent of the shop in possession of the appellant is determined by an appropriate authority, only then he is entitled to recover the rent to the extent to which the tenant will be found liable to pay. The Appellate Authority in its judgment has observed as follows :-