UTTAM CHAND Vs. SEESH RAM

JUDGEMENT

(1.) The landlords is aggrieved by a common verdict pronounced by the learned Appellate Authority, upon, CMA 2 of 2003, and, upon Cross-appeal No. 33 of Whether reporters of the local papers may be allowed to see the judgment? 2003, (i)wherethrough, the learned Appellate Authority hence set aside the order of eviction of the tenants/respondent herein, arising from, non payment of rent, from, October, 1990 to March, 1995 at the rate of Rs.65.00 per month, (ii) given the afore rent along with interest and costs, standing already deposited, and, paid by the tenants to the landlords, in pursuance to orders of 15/3/1995, rendered in Civil Revision No. 85 of 1997.

(2.) Briefly stated the facts of the case, are ,that the petitioners/landlords have instituted the petition under Sec. 4 of the H.P. Urban Rent Control Act for determination of fair rent of the demised premises as detailed in the petition, and, also for eviction of the tenant on the ground of non payment of rent since August, 1990. It has been claimed that the demised premises were rented out to the tenant on the monthly rent of Rs.65.00 vide rent deed of 10/4/1969, in which year the building was constructed. Similar buildings in the same locality are stated to be rented out at the rate of Rs.1000.00 per month. It has been further claimed that the tenant is in arrears of rent since August, 1990, which he has not paid, so liable to be evicted. Fair rent was not fixed earlier though the rent stands increased manifolds.

(3.) The respondents/tenants, in their reply, filed to the petition, have pleaded qua the rent standing offered to the landlords which they refused to accept. He/they expressed willingness to pay the arrears whatever found due. But denied the entitlement of the landlords for fixation of fair rent at the rate of Rs.1000.00 per month. Claimed that the rent of the similar building in the same locality is not more than Rs.40.00 per month, so no fixation of fair rent required.