YOGINDER MOHAN Vs. KRISHAN LAL

JUDGEMENT

(1.) THE petitioner before this Court had approached the Court of learned Rent Controller, Kaithal by filing a petition Under Section 5 of the Haryana Act No. ll of 1973, hereinafter referred to as the Act, for fixation of a fair rent. The respondent was put into possession of one single storeyed shop bearing No. MCK No. 1001/17 (old) and 1242/17 (new), Laxmi Market, Kaithal as a tenant on a rent of Rs. 425.00 besides house tax. The premises in question were admittedly rented out for non-residential purposes. Earlier an ap plication Under Section 4 of the Act was filed and a fair rent of the tenanted premises was fixed at Rs. 439. 11 paise by the Rent Controller, Kaithal vide order dated 27. 2. 1982 with effect from 3. 11. 1978. This fair rent was, however, raised to Rs. 533. 40 vide order dated 4. 8. 1983 with effect from 3. 11. 1978, in appeal by the Appellate Authority. This fair rent fixed by the appellate authority in the first proceedings was revised to Rs. 621. 40 paise per annum operative from 24. 3. 1984. There-upon the present petition was filed for revision of the fair rent. The respondents contested the petition and denied the allegations made in the petition and prayed for dismissal of the application. On the pleadings of the parties the learned Rent Controller, Kaithal, framed the following issues : (1) Whether the applicants are entitled to the revision of fair rent? If so, to what rent? OPA. (2) Relief.

(2.) THE learned Rent Controller decided the issue in favour of the landlord and the fair rent was fixed at Rs. 828.00 per annum with effect from 3. 1. 1995 i. e. the date of filing of the petition and consequently revised the fair rent.

(3.) THE learned counsel for the petitioner contended that the formula applied and the calculations arrived at by the learned Rent Controller are contrary to the settled principles of law and even arithmetically with regard to the adoption of the basic year. According to the learned counsel the shop was rented out on 24. 4. 1967 at a monthly rent of Rs. 425/ -. Application Under Section 4 for fixation of fair rent was filed on 3. 11. 1978, which was fixed at Rs. 439. 11 on 27. 2. 1982. This fair rent was increased to Rs. 533.00 with effect from 3. 11. 1978 on 4. 8. 1983. Application Under Section 5 for revision of fair rent was filed on 24. 3. 1984 and the fair rent was fixed at Rs. 621. 40 with effect from 24. 3. 1984 vide order dated 30. 11. 1985. The present application for revision of the fair rent was filed on 31. 1. 1995. Basic rent is stated to be Rs. 621. 40 difference in price index of 1984 and 1993 is stated to be Rs. 677. 06, 25 percent of which is Rs. 169. 04. Consequently, increase in fair rent is Rs. 1052. 06. Added with the existing fair rent, the petitioner claims Rs. 1674. 05.