LAWS(J&K)-2011-9-54

TEJ SWAROOP ABROL Vs. VISHWA NATH KUNDAL

Decided On September 09, 2011
Tej Swaroop Abrol Appellant
V/S
Vishwa Nath Kundal Respondents

JUDGEMENT

(1.) THE parties to the instant Civil Revision are landlord and tenant. The respondent/landlord has let out ground floor of his residential house bearing No. 237 situated at Old Janipur, Jammu to the petitioner on a monthly rent of Rs. 4,000/ - according to the petitioner/tenant and Rs. 4,400/ - as per the claim set up by the respondent/landlord.

(2.) THE petitioner has filed an application under Section 27 of Houses and Shops Rent Control Act, 1966 for a direction to the respondent to make repairs in the rented out premises and in alternative, to be permitted to make the repairs at the cost of the /respondent/landlord. The respondent/landlord in turn has filed an application for a direction to the petitioner/tenant to deposit the regular rent at the rate of Rs. 4,400/ - per month and also to clear the arrears. The petitioner/tenant on the other hand has filed an application for fixation of "fair rent". The petitioner/ tenant insists that the rent though fixed as Rs. 4,500/ - per month was slashed down to Rs. 4,000/ - per month after the petitioner/tenant vacated one of the rooms from the rented out premises. The petitioner/tenant further claims that the "fair rent" for the rented out premises in his estimation was Rs. 1,500/ - per month and asked Rent Control/Chief Judicial Magistrate, Jammu to fix the "fair rent". The Rent Control/Chief Judicial Magistrate, Jammu on 18th February, 2010 passed the following order;

(3.) HEARD . Considered.