BHAGWAN DASS AND ANOTHER Vs. SMT. SANTOSH

JUDGEMENT

(1.) THIS order will also dispose of Civil Revision Petition No. 3612 of 1986, as both the petitions arise out of the same order of the Appellate Authority dated August 18, 1986.

(2.) THE tenancy started on June 1, 1975 on a monthly rent of Rs. 206/ -. The landlord moved an application under Section 4 of the Haryana Urban (Control of Rent and Eviction) Act, 1973. for fixation of fair rent on January (Sic)0, 1981. The Rent Controller taking Rs. 206/ - the agreed rent to be the basic rent, fixed Rs. 230/ -, as the fair rent vide order dated January 11, 1984. Aggrieved against the said order of the Rent Controller, both the parties filed appeals. Therein, the learned Appellate Authority sent for the report from the Rent Controller vide order dated September 5, 1985, as to the market rate of rent prevailing at the time when the application for fixation of the fair rent was made. Against the said order of the Appellate Authority sending for the report, the tenant filed Civil Revision Petition No. 3480 of 1985 in this Court. The same was dismissed on April 2, 1986. The tenant approached the Supreme Court in Civil Writ Petition No. 12584 of 1985 and also filed S.L.P. (Civil) No. 5781 of 1986, against the judgment of this Court dated April 2, 1986. Both those cases were disposed of by the Supreme Court with the following orders on May 8, 1986, - -

(3.) FACED with this situation, learned Counsel for the tenant submitted that the said order of the Appellate Authority dated September 5, 1985, had not become final between the parties in view of the Supreme Court order, re -produced above, dated May 8, 1986.