RAM PARSHAD Vs. KESHO RAM

JUDGEMENT

(1.) LANDLORD Ram Parshad filed an application under Section 4 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (shortly the Act) for fixation of fair rent of the shop in dispute which was rented out vide rent note dated 21.8.1960 on monthly rent of Rs. 15/-. The learned Rent Controller taking the said rent to be the basic rent, being agreed rent between the parties, fixed the fair rent at Rs. 45/- p.m. vide order dated 24.9.1975. Aggrieved with the same, both the parties filed appeals to be learned Appellate Authority who reduced the rent from Rs. 45/- p.m. to Rs. 22/- p.m., as fair rent. Dissatisfied with the same, the landlord filed this revision petition in this Court.

(2.) THE learned counsel for the petitioner-landlord pointed out that in the year 1976 there was an amendment in Section 4 of the Act whereby in respect of the building the construction of which was completed on or before 31st December, 1961 and let out before the said date, the rent prevalent in the locality for similar building on rented land let out to a new tenant during the year 1962, will be basic rent. Since this amendment has come during these proceedings it has become necessary that the fair rent be fixed afresh by the Rent Controller. Now in view of the said amendment, basic rent should be fixed in accordance with the provisions of Section 4(2)(a) of the Act and then the increase be allowed accordingly, as provided by sub-section (3) of the Section 4 of the Act. Consequently, this petition succeeds. The impugned orders are set aside and the case is sent back to the Rent Controller for deciding the application afresh, keeping in view the observations made above.