JETHA NAND Vs. RAM GAPAL

JUDGEMENT

(1.) THIS revision petition has arisen out of an application for fixation of fair rent filed by the landlord Ladha Ram through his son Jetha Nand. The said application was filed on February 11, 1975, which was decided by the Rent Controller on September 29, 1975. Rs. 57/- were the fair rent fixed therein. In appeal, the Appellate Authority set aside the said order of the Rent Controller and fixed Rs. 19.50 per month as the fair rent. Dissatisfied with the same, the landlord has filed this revision petition in this Court.

(2.) DURING the pendency of the appeal, Section 4 of the Haryana Urban (Control of Rent and Eviction) Act, 1973, was substituted by Section 3 of the Haryana Urban (Control of Rent and Eviction) Amendment Act, 1976. It appears that when the Appellate Authority decided on June 9, 1976, the said amendment was not brought to its notice. It is no more disputed that the construction of the building, in dispute, was completed on or before December 31, 1961, because the tenant was inducted thereon prior thereto. That being so, the fair rent is to be fixed in accordance with the provisions of the amended provisions which were not taken into consideration by the Appellate Authority.