KALE KHAN Vs. REX

JUDGEMENT

(1.) A complaint was lodged by the District Magistrate of Agra in the Court of the City Magistrate charging the applicant Under Section 8, Temporary Control of Rent and Eviction Act, III [3] of 1947. It was mentioned in the complaint that the applicant let out his house to Tara Chand tenant, that the rent was Rs. 4/- per month up to 31st July 1946, that the applicant enhanced it to Rs. 6/- with effect from 1st August 1946 and that he further enhanced it to Rs. 12/-with effect from 1st April 1947. It was contended that this enhancement to Rs. 12/- per mouth was in contravention of the provisions of the Act and, consequently, punishable Under Section 8.

(2.) The trial took place before Shri R. T. I. Mohan, City Magistrate. He tried the applicant summarily. Some witnesses were examined in. eluding Tara Chand who also filed receipts. The City Magistrate found that the enhancement of rent from Rs. 6/- to RS. 12/- was prohibited Under Section 5(2) of the Act.

(3.) The applicant pleaded before the Magistrate that he had improved the house at a considerable expense. He conceded that the rent of the house was Rs. 12/- and pleaded justification on the ground of the improvement. Under Section 5, if the rent was fixed between the applicant and Tara Chand, it could not be enhanced beyond the amount of the reasonable annual rent and beyond 50 per cent. on the rent prevailing on 1st October 1946. There were thus two limits to the amount to which the rent could be enhanced; the rent after enhancement could not exceed the reasonable annual rent and could not exceed the rent payable on 1st October 1946 plus 50 per cent. thereon.