L. N. Mittal, J. - (1.) C.M. No. 11752-C of 2010 : Allowed as prayed for. Main Appeal Plaintiff Yash Pal, who was successful in the trial court, but has been non-suited by the lower appellate court, has filed this second appeal.
(2.) Facts in this case are not in dispute. In open auction, the plaintiff being highest bidder, took the disputed shop on rent from defendant no.1 - Municipal Council, Pathankot on 06.05.1986 at the rate of Rs.span 715/- per month rent. Defendant no.1 has issued notice dated 04.09.2001 for increasing the rent of the disputed shop. The said notice has been challenged by the plaintiff in the plaint by seeking declaration that he continues to be tenant on rent of Rs.span 715/- per month and defendants have no right to enhance the rate of rent. Permanent injunction restraining the defendants from recovering the enhanced rent has also been sought.
(3.) Defendants pleaded that under policy of State Government, rate of rent is enhanced by 20% after every three years. Rent of the disputed shop was increased for the first time in the year 1995 by 20% raising it to Rs.span 858/- per month, then in the year 1998 by further 20% raising it to Rs.span 1030/- per month, in the year 2001 to Rs.span 1236/- per month and in the year 2004 to Rs.span 1484/- per month. Impugned notice dated 04.09.2001 for increasing the rent at the aforesaid rate was defended. Various other pleas were also raised.;