BANA RAM Vs. RENT CONTROLLER JAIPUR

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the Constitution of India. The petitioner was allowed to occupy certain premises on the 1st March, 1919, and the rent for the same was left to be determined later. Under the provisions of the Jaipur Rent Control Order the landlord applied on the 16th December, 1949, for fixation of rent. The first floor was occupied by two societies run by the petitioner and the second floor was occupied by the petitioner himself for his residential purposes. On behalf of the landlord, who had purchased the house on the 15th November, 1918. for Rs. 1,21,000/-, it was urged that the previous tenants had been paying Rs. 250/- P. M. in the years 1947 and 1948 after the house had been remodelled and this should be the standard rent. On behalf of the petitioner it was urged that in 1939 the premises were fetching a rent of Rs. 15/- p. m. and while some improvement may have been made the rent could not exceed Rs. 45/- p. m. for the two storeys. The Rent Controller fixed Rs. 90/-p. m. as standard rent for the first floor and Rs. 60/- p. m. for the second floor.

(2.) THE petitioner field an appeal to the court of the District Judge, Jaipur, bat this court held that he had no jurisdiction to entertain it. THE appeal was then filed to the court of the District Magistrate Jaipur who, concurring with the finding of the Rent Controller, dismissed it on 31st December, 1953.