GIAN CHAND Vs. PAWAN KUMAR

JUDGEMENT

(1.) THIS petition filed under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (for brevity, the Act) raises a limited question as to whether the fair rent assessed by the Courts below has to be enforced prospectively. In other words, when rent has already been paid by the tenant-petitioner in earlier applications for ejectment filed by the landlord-respondent, could the tenant-petitioner claim that even in respect of the payment made in those cases the fair rent as assessed by the Rent Controller lateron, in an application filed by him, should be applied and the excess amount be refunded.

(2.) BRIEF facts of the case are that in pursuance to applications filed under Section 13(2)(i) of the Act, the tenant-petitioner had tendered the rent at the rate of Rs. 300/- per month as demanded by the landlord-respondent. The had tendered the rent under protest but he did not claim any issue in those applications filed by the landlord-respondent in which prayer for ejectment on the ground of non-payment of rent was made. However, the tenant-petitioner subsequently filed a Rent Application No. 1 dated 8.1.1983 under Section 4 of the Act with a prayer for fixation of fair rent in respect of the demised shop. The Rent Controller recorded a finding and determined the fair rent at the rate of Rs. 200/- per month. He made his order operative from the date of institution of the application.

(3.) MR . D.D. Bansal, learned counsel for the tenant-has assailed the order of the Appellate Authority by arguing that the rate of fair rent i.e. Rs. 200/- determined by both the Courts below should be made operative from the date of the order as was rightly held by the Rent Controller and not from any other date. He has maintained that once there was objection raised with regard to rate of rent and Rs. 300/- was paid under protest in order to avoid ejectment, the tenant-petitioner is not estopped by filing an application for determination of fair rent and to get a refund, therefore, it has been submitted that the fair rent should be applied even in respect of the period for which payment at the rate of Rs. 300/- has been made although no adjudication in those proceedings has taken place.