MURARI LAL Vs. BISHAN CHAND

JUDGEMENT

(1.) THE only question raised in this revision petition relates to fixation of fair rent.

(2.) THE factual matrix relevant for the determination of fair rent is that the shop in dispute was leased out in the year 1960 at the rate of Rs. 12/- per month excluding the house-tax. The application for fixation of fair rent was preferred on January 2, 1985. Admittedly the price index in 1984 was 504.2 while it was 104.1 in the year 1962.

(3.) THE Rent Controller as well as the Appellate Authority relying on Bhim Sain and another v. Pushpa Devi, 1984 Haryana Rent Reporter 418, fixed the fair rent. The learned counsel for the petitioner contends that the judgment relied upon has been overruled by a Division Bench of this Court. He refers to Gela Ram v. Sat Pal Sharma, 1988(1) RCR 657. It was observed by the Division Bench :