ISHWAR SWAROOP SHARMA Vs. JAGMOHAN LAL

JUDGEMENT

(1.) The present revision petition has been filed by Ishwar Swaroop Sharma (hereinafter described as "the petitioner") directed against the judgment of the learned Appellate Authority, Jagadhari, dated 24.4.1998. By virtue of the impugned judgment, the learned Appellate Authority reversed the finding of the learned Rent Controller, Jagadhri, and instead the fair rent of the shop in dispute was assessed at Rs. 328/- per month with effect from the date of filing of the application.

(2.) The relevant facts are that the petitioner is the landlord of the premises in dispute. It is a shop. The respondent is stated to be a tenant in the suit premises since the year 1975 at the monthly rent of Rs. 200/-. The petitioner's case is that the shop was constructed and completed in August, 1962. The fair rent has not been fixed as yet. There was no agreed rent with respect to the said shop which is situated in Ram Bari Block of Jagadhri Road which is the main business centre of the city. The shop is provided with all the modern amenities. The adjoining shops which are similar in nature are fetching Rs. 1,000/- per month- Therefore, it was prayed that fair rent be fixed in accordance with the prevalent rent in the locality.

(3.) In the reply filed, the respondent contested the petition. It was pointed out that earlier the rent was Rs. 120/- per month. It was increased to Rs. 200/- per month inclusive of house tax in the year 1980. The basic rent of the shop, thus, for the purposes of determining the fair rent, was Rs. 200/- per month inclusive of house tax. It was further asserted that the shop is situated at a very long distance from the centrally located premises and there is no commercial or other business activities near the said shop. The neighbouring shops were stated to be fetching hardly Rs. 100/- per month. It was denied that the petitioner has ever asked for increase of the rent and that the respondent is ready and willing to increase the monthly rent in accordance with the provisions of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short "the Act").