S.S.SODHI,J - (1.) THE controversy between the landlord and the tenant here is with regard to the fixation of fair rent of the shop let out to the tenant.
(2.) IT was on November, 1960 that the shop, which is located in Sirsa, was let out to the tenant on a rent of Rs. 900/- per annum. In October, 1980, the landlord filed an application seeking fixation of fair rent under section 4 of the Haryana Urban (Control of Rent and Eviction Act, 1973) (hereinafter referred to as the Act). This provision of law reads as under :- "4. Determination of fair rent. - (1) The Controller shall, on application by the tenant or the landlord of a building or rented land, fix the fair rent for such building or rented land after holding such enquiry as he may think fit. Such fair rent shall be operative from the date of application. (2) In fixing the fair rent under this section, the Controller shall first determine the basic rent which shall be - (a) in respect of the building the construction whereof was completed on or before the 31st day of December, 1961, or land let out before the said date, the rent prevailing in the locality for similar building or rented land let out to a new tenant during the year 1962; and (b) in respect of the building to construction whereof was completed after the 31st day of December, 1961 or land let out after the said date, the rent agreed upon between the landlord and the tenant preceding the date of application, or where no rent has been agreed upon the basic rent shall be determined on the basis of the rent prevailing in the locality for similar building or rented land at the date of application. In fixing the fair rent, the Controller may allow an increase or decrease on the basic rent determined under Sub-section (2) not exceeding twenty-five per centum of the rise or fall in the general level of prices since the date of agreed rent the date of application, as the case may be, in accordance with the average All India Wholesale Price Index Numbers, as determined by the Government of India, for the calendar year immediately preceding the date of application.
(3.) NOTWITHSTANDING that the fair rent for building or rented land has been fixed under the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the 1949 Act) a landlord or tenant of such building or rented land shall be entitled to get its fair rent fixed under this section.;