KISHORI LAL Vs. HARI CHAND

JUDGEMENT

(1.) THE tenant has preferred this revision petition against the order dated 17th April, 1986 of the Rent Controller, Narwana, accepting the application of the landlord for fixing the fair rent of the premises in dispute.

(2.) IN brief, the facts are that Kishori Lal is the tenant of the premises in dispute belonging to Hari Chand landlord, since 1st September, 1972, on a monthly rent of Rs. 70/-. The fair rent of the shop in dispute was fixed by the Rent Controller vide its order dated 10th October, 1878 at Rs. 94.54 per month. The tenant then went up in appeal against the said order of the Rent Controller where both the parties entered into compromise and the rate of rent was fixed at Rs. 82/- per month. The landlord then filed the present application on 10th April, 1985; contending that due to the rise in wholesale price index and the prices of essential commodities, he is entitled to the reasonable increase in the rent of the disputed premises to the extent of Rs. 800/- per month. He further maintained that the tenant had failed to pay this rent despite repeated requests, which resulted in the filing of the application for fixing the fair rent before the Rent Controller under Section 4 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter called the Act). The tenant resisted this application contending that it is barred by principles of res judicata because an earlier petition filed by the landlord for increasing the rent of the shop in dispute was dismissed on 29th November, 1983. The description of the property was also challenged besides maintaining that the fair rent of the shop had already been fixed by the trial Court.

(3.) DUE to some misconception of law the tenant then went in appeal before the Appellate Authority, which was dismissed as withdraw on 24th November, 1987. During the pendency of that appeal, the tenant filed copy of the order, Exhibit R.1, dated 29th November, 1983 of the Rent Controller dismissing the application of the landlord for fixing the fair rent.