MAHENDRA PAL Vs. GAURI SHANKAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By way of filing the present writ petition, the petitioner has challenged the order dated 24.2.2004 (Annexure-3) passed by Rent Tribunal, Bikaner under Section 6 of the Rajasthan Rent Control Act, so also the order dated 19.3.2005 (Annexure-4) passed by learned Appellate Authority in appeal against the order dated 24.2.2004 whereby the appellate authority has upheld the order passed by Rent Tribunal.

(3.) The main contention of the learned counsel for the petitioner is that as per Section 6B of the Rajasthan Rent Control Act, 2001, where the premises have been let out on or after 1st January, 1950, the rent payable at the time of commencement of the tenancy shall be liable to be increased at the rate of 7.5% per annum. According to the learned counsel for the petitioner in this case though initially the premises were rented out to the petitioner on 1.6.1986 but later on after construction of new market in 1998, the shop in dispute was taken on rent by the petitioner in the year 1998. Therefore, as per Section 6-B of the Act, the commencement of tenancy was to be considered by Rent Tribunal from the year 1998 and not from 1.6.1986 when initially the shop was taken on rent by the petitioner. Therefore, both the courts below have committed an error while determining the rent after taking into account the date as 1.6.1986 into consideration.