HARI PUSHAP Vs. PAWAN KUMAR

JUDGEMENT

(1.) This revision petition filed by the tenant is directed agninst the order dated January 24, 1997 passed by the Appellate Authority, Hisar, whereby the appeal filed by the tenant against the order of eviction was held to be not maintainable.

(2.) An application seeking fixation of rent in respect of a shop with its basement on the ground floor was filed by the respondent-landlord under Section 5 of the Haryana Urban (Control of Rent & Eviction) Act, 1973 (for short, the Act). The Rent Controller framed the following three issues :-

(3.) The respondent-landlord filed copies of the earlier orders regarding fixation of fair rent. The tenant, however, did not lead any evidence. The only dispute between the parties before the learned Rent Controller was regarding the formula to be applied for determining the fair rent. The learned Rent Controller noted that there was an increase of 219 points in the Price Index in the year 1991 after 1986 and 25% thereof worked out to 55%. The learned Rent Controller, therefore, increased the rent by a sum of Rs. 412.50 and fixed the fair rent at Rs. 1163/- w.e.f. January 21, 1992, the date of filing of the application.