V.D. Bhargava, J. - (1.) THIS is an application in revision on behalf of a land lady Defendant under Section 115, Code of Civil Procedure. The opposite party took a certain premises belonging to the applicant on rent at Rs. 60 per month. He paid the rent for certain time and later on he moved an application under Section 5(4) of the Temporary Control of Rent and Eviction Act for the abatement of the rent on the grounds that the transaction was unfair, that the roofs of the house were leaking and the walls and floors were broken and the house was inhabitable and there was no water connection and the applicant was not repairing the house. The defence was that it was a very big house with 11 rooms, 5 verandahs, 5 courtyards, 3 latrines and 3 stair cases. Besides this there was accommodation on the upper storey also and the rental value of the house is not in any event less than Rs. 75 per month. The opposite party undertook the responsibility to do all sorts of repairs in the house and therefore the rent was reduced from Rs. 75 to Rs. 60 per month and the agreed rent was a fair rent and there was no unfairness about the transaction.
(2.) THE Judge, Small Cause Court has decided the case simply on the ground that Plaintiff opposite party had been staying in Town Hall and he was asked to vacate that premises and therefore, he was in dire necessity of the house and taking advantage of the pressing necessity of the opposite party the land lady demanded an exorbitant rent and, therefore, the transaction was unfair. He further held that there were adjoining houses whose rent was less and therefore he has reduced the rent from Rs. 60 to Rs. 25. It has been held in Several cases of this Court, inter alia Messrs Shri Kishan Chand Hari Kishan Chand v. Shri Diwan Ckand Ghasi, 1953 AWR (H.C.) 115 and Shri Anandi Prasad v. Shri Pritam Singh, 1954 AWR (H.C.) 54, that dearth of accommodation alone is not a sufficient ground to hold that the transaction was unfair. In order that transaction should be unfair there should be some kind of mis -representation, fraud, undue influence, intimidation or coercion. In the absence of any such allegation it cannot be said that the transaction was unfair. In the circumstances the court below had no jurisdiction to reduce the rent.
(3.) I , accordingly, allow the revision, set aside the decree of the trial court and dismiss the Plaintiff's suit but in the circumstances of the case parties shall bear their own costs.;