BAL KISHAN BANSI RAM Vs. GOPI CHAND

JUDGEMENT

(1.) THIS is a revision petition by the landlords Bal Kishan and others against the order of the District Judge, Sangrur, and Appellate Authority under the East punjab Urban Rent Restriction Act, 1949, (Act No. III of 1949) (hereinafter to be referred to as the Act), whereby the order of the Rent Controller, Sangrur, fixing on the petition of Gopi Chand etc. tenants the fair rent of the premises in suit at rs. 343. 75 np. per annum, was confirmed.

(2.) AN application by the tenants was made under Section 4 of the Act. The land in suit was situated within the municipal limits of Sangrur. In the year 1952-53 the contractual rent was Rs. 900/- per annum. The tenants moved the Rent Controller, sangrur, under the provisions of the Patiala and East Punjab States Union Urban rent Restriction Ordinance, 2006 Bk. (Ordinance No. VIII of 2006 Bk.) (hereinafter to be referred to as the Ordinance) for fixation of fair rent. Under Section 4 of the ordinance, the Controller while fixing the fair rent was required first to fix the basic rent taking into consideration the rates of rent prevailing in the locality for the same or similar accommodation, in similar circumstances, during the twelve months preceding the first day of Baisakh 2004 Bk. and also the rental value of such building or rented land if entered in property tax assessment register of the municipal, small town or notified area committee, relating to the aforesaid period. This period would correspond to the year 1946-47. By his order dated the 15th march, 1954, the Controller fixed the fair rent at Rs. 62/8/- per mensem. Subsequently on the merger of the erstwhile State constituting the Patiala and east Punjab States Union with the Punjab, the Punjab Laws (Extension No. 4) Act, 1958, (Punjab Act No. 18 of 1958) was passed. By Section 4 of this Act, all the enactments men-tioned in Schedule I as in force immediately be-fore the 1st november, 1956, in the State of Punjab were extended to the transferred territories, that is, the State formerly constituting the Patiala and East Punjab states Union. The East Punjab Urban Rent Restriction Act, 1949, was one of the acts mentioned in Schedule I. It was pointed out in the petition that according to the latter Act fair rent was to be fixed keeping in view the basic rent for the year 1938. It was contended that in 1938 the basic rent of the land in suit was Rs. 250/- per annum. The tenants maintained that the present rate of rent as fixed by the Rent Controller in 1954 was excessive and the fair rent be fixed at Rs. 250/per annum.

(3.) ONE of the pleas taken up by the landlords was that this application was barred by the principle of res judicata and was not maintainable in view of the previous order of the Rent Controller dated the 15th March, 1954. This objection was repelled by both the Courts below and the only question arising for decision in this revision petition is whether the application by the tenants for fixation of fair rent was barred or not in view of the previous order of the year 1954. Mr. Dalip Chand gupta, on behalf of the petitioners, has not attempted to argue that if this question is decided against the landlords the fair rent should not be as fixed in the order under revision.