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Judgment
2 paragraphs · 137 wordsS.P. Goyal, J.—In this case fair rent was fixed relying on Kailash Chander Jain v. Mool Raj Sondhi 1982 (2) R.C.R. 273. The decision in that case has since been overruled by a Division Bench judgment in Civil Revision No. 1001 of 1985 (M/s. Bhagwan Singh & Co. v. Central Bank of India) (1988) 93 P.L.R. 290, and it has been held that even though the period of contractual tenancy has expired, the contractual rent would continue to be agreed rent between the parties u/s 4(2)(b) of the Haryana Urban (Control of Rent and Eviction) Act, 1973. Consequently, the impugned order is set aside and the case remanded to the Appellate Authority for fixation of fair rent afresh in the light of the decision of the Division Bench in Bhagwan Singh''s case (supra).
Sd/- S.D. Bajaj, J.