Ashok Kumar and Others vs Chhabil Dass

D.V. Sehgal, J.—This revision petition is directed against the judgment dated 4.12.1978 passed by the learned Appellate Authority, Hissar, u/s 15(4) of the Haryana Urban (Control of Rent and Eviction) Act, 197 (for short ''the Act''), whereby an appeal filed by the tenant-Respondent against the fixation of fair rent by the Rent Controller was allowed and the application of the landlord-Petitioners u/s 4 of the Act was dismissed. Another appeal filed by the landlord-Petitioners making a grievance against the inadequacy of the fair rent fixed by the Rent Controller by the same judgment was also dismissed. This is how the Petitioners have filed the present revision petition in this Court.

It is not in dispute that the demised shop which is situated in Bazar Pansarian, Delhi Darwaza, Hissar, was constructed before 31.12.1961. In fact, its fair rent was fixed u/s 4 of the East Punjab Urban Rent Restriction Act 1949 (for short ''the Punjab Act'') in the year 1962 at Rs. 88/- per month. Thus in my view, the fair rent so fixed under the Punjab Act and which was in force in the year 1962 should be treated as the basic rent for determining the fair rent of the shop u/s 4 of the Act. The learned Counsel for the Petitioner no doubt has vehemantly stressed that sufficient material has been brought on the record to show that rent for similar buildings in the year 1972 was Rs. 500/- per month. This evidence, however, in my view is not at all relevant in the present case when the fair rent of the shop in dispute had been fixed u/s 4 of the Punjab Act in the year 1962.

The learned Counsel for the Respondent, on the other hand, submits that independent of the fair rent determined in respect of the shop in dispute in the year 1962 no credible evidence has been brought on the record which could enable the authorities below to determine the basic rent of the shop in the year 1962. For the reasons already stated above, this contention also has no force. The fair rent of the shop, i.e. Rs. 88/- per month, fixed under the Punjab Act in the year 1962 is to be taken as its basic rent in view of the provisions of Clause (a) of Sub-section (2) of Section 4 of the Act. Sub-section (3) of Section 4 of the Act lays down that while fixing the fair rent the Controller may allow an increase on the basic rent determined under Sub-section (2) not exceeding 25 per centum of the rise in the general level of prices since the date of agreed rent in accordance with the average of the All India whole Sale Price Index number for the calendar year immediately preceding the date of the application Taking the year 1961-62 as the base and the price index for the said year being 100, the price index number in the year 1962 was 104.1. It rose to 309.2 in the year 1975. It is this rise in the price index which is to be taken into consideration because the application u/s 4 of the Act was filed by the Petitioners on 24.1.1976. There was, therefore 200 per cent rise in the price index from the year 1962 to the year 1975. 25 per cent is to be taken as the factor for increasing the basic rent and fixing the fair rent which shall, thus, be 50% addition over and above the basic rent. In the present case, therefore, taking the basic rent as Rs. 88/- per month, the fair rent thus to be fixed is Rs. 132 (Rs. 88/- +Rs 44/-).

Consequently, I partly allow this revision petition, set aside the judgment of the Appellate Authority and modify that of the Rent Controller and fix the fair rent of the shop in dispute with effect from 27.1.1976 at Rs. 132/- per month.

Keeping in view the facts and circumstances of the case, the parties are left to bear their own costs.