LAWS(HPH)-2006-9-15

UNION OF INDIA Vs. PADAM CHAND GUPTA

Decided On September 27, 2006
UNION OF INDIA Appellant
V/S
Padam Chand Gupta Respondents

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) RESPONDENT -landlord Padam Chand Gupta filed a composite petition, under Sections 14, 4(2)(b) and 6 of the H.P. Urban Rent Control Act, against the Revision Petitioners (hereinafter called tenants). It was alleged that certain premises, owned by the respondent-landlord, had been leased out to the tenants on monthly rent of Rs.380/-. In the year 1983, some additions and alterations were made to the leased premises on the asking of the tenants and the rent was enhanced to Rs.700/- on completion of such additions and alterations. Some further improvements/additions were made 2-3 months after the aforesaid improvements/additions on the asking of the tenants. The respondent-landlord then asked for increase in the rent, on account of such further improvements and additions. Matter remained pending with the tenants for quite some time. In 1993, the tenants offered to pay rent at the rate of Rs.1150/- per month, which was Whether the reporters of the local papers may be allowed to see the Judgment? not accepted to the landlord. Ultimately, the tenants offered to pay rent at the rate of Rs.1883/-, but from 1.3.1993. It appears that the landlord wanted the enhanced rent (on account of further improvements and additions) to be paid from the date when such further improvements/ additions were completed. The landlord then filed a petition, seeking ejectment of the tenants, on the ground of non-payment of rent and also for fixation/ enhancement of fair rent, under Sections 4(2)(b) and 6 of the H.P. Urban Rent Control Act.

(3.) THE Appellate Authority, vide its order dated 27.9.1999, accepted the appeal and ordered that the rent at the rate of Rs.1900/- be paid from 1.6.1984, the assumed date of the completion of further improvements/additions.