RAJINDRA NATH MITTAL, J. - (1.) THIS revision petition has been filed by the tenants against the judgment of Appellate Authority, Gurdaspur, dated 31st July, 1976.
(2.) THE petitioners are tenants under the respondents in the building in dispute known as Airlines Hotel situated in the main bazar, Pathankot, at a monthly rent of Rs. 1600/- from January, 1969. They filed an application for fixing the fair rent under Section 4 of the East Punjab Urban Rent Restriction Act, 1949, alleging that in 1938-39 a similar building could not fetch, more than Rs. 20/- per mensem as rent and as such its basic rent should not be more than Rs. 20/- per month. Consequently, it was prayed that the fair rent of the building be fixed. The respondents contested the application who controverted the allegations of the petitioners and inter alia pleaded that the building could fetch more rent than Rs. 2500/- per mensem in the year 1938-39 and; therefore, its fair rent could not be less than Rs. 3000/- per month. They further pleaded that the tenanted property did not consist of only building but also furniture, refrigerator, utensils and various other items.
(3.) THE learned Rent Controller held that there was no evidence of fix the basic rent of the property and consequently the agreed rent would be its fair rent. He, therefore, dismissed the application. The petitioners went up in appeal before the Appellate Authority who affirmed the judgment of the Rent Controller and dismissed the same. They have come up in revision to this Court.;