ASHOK BHAN, J. - (1.) THIS revision petition has been filed by the tenant.
(2.) IN brief, the facts are that respondent-landlord (hereinafter referred to as the 'landlord') gave on rent a shop bearing municipal unit No. 101, situated in municipal area of Rori Bazar, Sirsa, to the tenant-petitioner (hereinafter referred to as the 'tenant') on 23. 7. 1980. The yearly rent was Rs. 12,500/ -. Rent note Ex.-1 was duly executed which was for the duration of one year. On 5. 3. 1987 the landlord filed an application for fixation of fair rent of the shop in question in terms of Section 4 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as the 'act' ). The Rent Controller taking the base year of 1981 determined that the All India Wholesale price Index number as determined by the Government was 73. 40 in the year 1979 and the same was 140. 0 in the year 1987. Thus, there was an increase of 66. 60 in the price index from the year 1979 to the year 1987. The Rent Controller further observed that 25 of 66. 60 was 16. 5 and, therefore, he allowed an increase of Rs. 2062-50 over the amount of basic rent in the sum of Rs. 12,500/ -. The fair rent was fixed at Rs. 14,562. 50p.
(3.) BEING aggrieved by the decision of the Rent Controller both the tenant and the landlord filed separate rent appeals which were disposed of by the Appellate Authority by the same judgment. While the appeal filed by the landlord was partly accepted. The appeal filed by the tenant was dismissed. It was concluded by the Appellate Authority that the Rent Controller wrongly took into consideration the base year to be 1981 as the disputed premises had been let out in the year 1980. Taking the base year 1970-71, he determined that the all India Wholesale Price Index in tile year 1980 when the shop in question was let out i. e. when the parties had agreed for Rs. 12,500/- per annum as rent, was 248. 1. The petition under Section 4 of the Act was instituted in the year 1987. In terms of Section 4 (3) of the Act the rise in the price index was calculated in the preceding year i. e. 1986. On the basis of the price index in the year 1986, he determined that the landlord was entitled to an increase of Rs. 3875/- per annum. Thus, the fair rent fixed by the Appellate Authority, came to Rs. 16,375/;