NAVNEET SUCHDEVA Vs. RENT APPELLATE TRIBUNAL

JUDGEMENT

(1.) The petitioner landlord sought revision of rent Under Section 6 of the Rajasthan Rent Control Act, 2001 ('the Act') with the submissions that the premises in question, the shop situated at 28, P-Block, Sriganganagar measuring 11 ft. x 12 ft., were let out to the respondent-tenant in the year 1989 on a rent payable at Rs. 535/- per month; and that after enforcement of the provisions of the Act of 2001, the respondent-tenant was asked to make payment of revised rent at Rs. 1,217/- per month but he has failed to do so. The respondent-tenant alleged that the premises were taken by his father in the year 1971 at a rent of Rs. 30/- per month that was increased from time to time and ultimately the rent was being paid at Rs. 275/- per month in the year 1987. The tenant further alleged that in the month of December 1989 he had taken the premises on rent from the grand-father of the applicant at Rs. 300/- per month; and that about three years back, the grand-father of the applicant has increased the rent to Rs. 535/- per month, though the nonapplicant has initially taken the premises on a monthly rent of Rs. 300/- only.

(2.) The Rent Tribunal, Sriganganagar by its order dated 09.12.2004 (Annex. 6), after referring to the rival submissions, found that the earlier tenancy of the father of tenant did not continue uninterrupted and the tenant himself admitted that the premises were taken on rent from the grand-father of the applicant in the month of December 1989. The Tribunal also referred to the submission on behalf of the tenant with reference to the house tax notice Ex. A/1 pertaining to the year 1999-2000 stating annual letting value of the premises at Rs. 3,600/-; and observed that the amount so stated by the Municipal Council was relevant only for the purpose of assessment of house tax and not for the purpose of determination of rent payable by the tenant to the landlord.

(3.) The Tribunal then observed that indisputably the shop was on rent from the year 1989; that the rival parties have stated the rate of rent at Rs. 535/- per month and Rs. 300/- per month respectively; and, thus, it was established that the rent of the suit premises was somewhere between Rs. 535/- and Rs. 300/-. On these consideration, the learned Rent Tribunal fixed the basic rent in the year 1989 at Rs. 400/- per month and on that basis proceeded to revise the rent as on 31.03.2003 at Rs. 923/- per month; and held that the petitioner-landlord is entitled for revised rent from the date of filing of the application, i.e., 15.09.2003 and to have further revision of rent in accordance with law.