KASTURI LAL Vs. DWARKA DASS

JUDGEMENT

(1.) This is an application under section 21(4) of the Houses and Shops Rent Control Act 1966 (Act No. XXXIV of 1966) for revision of the order dated 5-7-1969 of the learned District Judge, Jammu, reversing the judgment and order of the Rent Controller, Jammu, whereby the later fixed the fair rent of the shop in dispute at Rs. 20.00 per mensem.

(2.) The facts which have given rise to this revision application are :

(3.) On consideration of the evidence led by the parties the Rent Controller, Jammu, came to the conclusion that the rent of Rs. 50.00 per mensem was exorbitant and that Rs. 20.00 would be the fair rent. He therefore, directed that the rent of Rs. 20.00 per mensem be paid to the respondent with effect from the month next following the date of the application. Against the order both the parties went up in appeal before the learned District Judge, Jammu the petitioner pleading that the rent should have been fixed at Rs. 8.00 per mensem and the respondent pleading that the rent of Rs. 50.00 was just and fair rent the same had been reduced without any justification. Appearing for the applicant Mr. lqbal Kishan Kotwal has contended that the rent for the shop in question could not exceed Rs. 12p. per mensem and the learned District Judge, Jammu, had erred in accepting the appeal of the respondent and declaring that rent of Rs. 50.00 per mensem charged by respondent was fair. Mr Sodagar Mal Gupta, learned counsel for the respondent has on the other hand contended that taking into consideration the evidence brought on the record the rent of Rs. 50.00 per mensem charged by him for the shop in question is too tow and there is no ground for interference in this revision application.