Hemant Gupta, J. - (1.) The challenge in the present revision petition is to the order passed by the authorities under the Haryana Urban Control of Rent and Eviction Act, 1973 (for short 'the Act') determining Rs. 989/- as a fair rent of the premises in despute.
(2.) Respondent herein sought fixation of fair rent under Section 4 of the Act, pleading therein that shop No. 23 was let out to the petitioner in April, 1975. Initially, the rent was Rs. 150/- excluding house tax. It was increased to Rs. 220 per month plus house tax in January, 1984 and Rs. 220/- per month with effect from November, 1986. Subsequently, respondent provided 10 feet constructed space at the back side of the prem-sequently, respondent provided 10 feet constructed space at the back side of the premises and the tenant agreed to pay Rs. 240/- per month for the additional portion vide agreement dated 5.6.19990. Thus, the total rent being paid by the tenant since 1.7.1990 is Rs. 460/- per month. The landlord has sought fixation of fair rent on the ground that the premises let out can easily fetch rent to the tune of Rs. 4,000/- per month.
(3.) The petitioner-tenant, inter alia, has taken a stand that the additional amount for the construction of 10 feet was paid by the tenant and a fresh agreement was executed. Thus, previous agreement of 1975 stood merged in the agreement of 1990. The learned Rent Controller found that the tenancy cannot be split. There could not be any bifurcation between the premises and, therefore, the fair rent should be fixed from the year 1975 on the basic rent of Rs. 460/- per month. The said finding has been affirmed by the learned Appellate Authority.;