Mukerji, J. - (1.) This is an application in revision by a defendant who had been sued under Section 5 (4), Control of Rent and Eviction Act. The plaintiff in the suit was the tenant. He sued the landlord on the ground that the rent of Rs. 75, to which he had agreed, was much above the reasonable rent for the premises and consequently he claimed that the rent should be fixed in accordance with the "reasonable rent" payable in respect of the premises in suit. The premises of which the plaintiff was the tenant were not substantial buildings in any sense. They were more or less tin sheds having small accommodation but these premises were situated in a very busy locality commercially and consequently they were in great demand and apparently landlords were able to get very high rents for them.
(2.) I may also note that the landlord himself also filed a suit against the tenant, namely Shri Diwan Chand (plaintiff in suit no. 754 of 1949) for arrears of rent at the rate of Its. 75 per mensem. The suit of the landlord for arrears was numbered as 841 of 1949. Both these suits, namely suit No. 754 of 1949 by the tenant for fixation of rent and suit no. 841 of 1949 by the landlord for arrears of rent, were consolidated and tried together by the Additional Munsif of Ghaziabad, Shri N.N. Misra.
(3.) In the plaint of suit no. 754, Diwan Chand alleged that he had rented premises no. 18 which was situated opposite the Tahsil of Ghaziabad for his son, Yogendra Kumar, for opening a vulcanizing and welding business on the premises. He further alleged that he had taken the premises in Juno 1948 from the defendant at Rs. 75 per mensem as rent. He, however, alleged in the plaint that the rent of Rs. 75 per mensem was excessive, unfair and abnormal.;