SUSHILA MITTAL Vs. SARUP CHAND

JUDGEMENT

(1.) PETITIONER , landlady filed an application before the Rent Controller for determination of fair rent under Section 4 of Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as the Act). It was the case of the petitioner that respondent was a statutory tenant in respect of one shop at the monthly rent of Rs. 55/-. It was further stated that initially, this shop was let out to the father of the respondent in or about the year 1953 on a monthly rent of Rs. 21.25. Subsequently, it was increased to Rs. 55/- per month in the year 1953 and was let out to respondent's father. It was also pleaded that prevailing rent of similar shop in locality was the same at that time but the rent of a similar shop let out in the year 1961-62, to a new tenant, was definitely much higher. By stating these facts, it was prayed that fair rent be calculated as per law, on the basis of original rent, fixed at the rate of Rs. 21.25 and the increase in rent, would be 25% of the Price Index between the year 1953 to 1984. It was further stated that if rate of rent is calculated, as per the facts mentioned above, it will come to Rs. 171.25 per month.

(2.) UPON notice, respondents put up their appearance and by filing written statement, controverted the averments made by the petitioner/landlady. It was averred that the respondent was a tenant under the petitioner at the rate of Rs. 50/- per month as rent and Rs. 5/- as house tax. It was further stated that shop in dispute was constructed much prior to year 1962. By referring to those facts, it was mentioned that the rate of rent of similar shop in the year 1961-1962 was Rs. 21.25 and increase in price index to be calculated in this case is to be taken note of since 1963 and not from 1953. It was denied that fair rent of the shop would be Rs. 171.25, as stated by the petitioner/landlady.

(3.) THEREFORE , both the parties led their evidence and after evaluating the evidence, application was accepted and Rent Controller came to a conclusion that the fair rent of the shop in question was Rs. 53.52, besides house tax, from the date of the application i.e. 6.8.1985.