- (1.) This petition under Section 15(5) is directed against the order of the Rent Controller, Amritsar, dated June 14, 1976, granting permission under Section 19 to prosecute the petitioner for violating the provisions of Section 6(1) of the East Punjab Urban Rent Restriction Act (hereinafter called 'the Act').
(2.) The respondent moved an application for permission to prosecute the petitioner-landlord on the allegation that the fair rent of the cinema building in dispute was fixed by the Rent Controller Amritsar at Rs. 2250/- per month vide order dated June 18, 1957. This order was later on confirmed by the parties in the compromise deed dated January 7, 1964 filed in this Court in the second appeal. In spite of the fixation of the fair rent by the Rent Controller, the petitioner-landlord filed an application under Section 13 of the Act for eviction of the respondent on July 21, 1970 claiming rent at the rate of Rs. 20,000/- per month. He again claimed rent more than the fair rent fixed in the second application filed under the said Section on November 18, 1970. Still another application was filed on June 16, 1971 claiming Rs. 13,500/- as arrears of rent for the three months i.e. April, May and June, 1971.
(3.) The petitioner, on appearance contested the application and pleaded that the order of the P.3. Rent Controller dated June 18, 1957 was held to be void having been passed on compromise by the Rent Controller vide under dated March 7, 1962 in an application moved by the respondent and that order was upheld upto this Court. Therefore, the fair rent was never fixed by the Rent Controller and any settlement between the parties in this respect would not mean that the fair rent of the building was fixed under the Act nor its violation would be punishable under Section 19 of the Act. The learned Rent Controller, after recording evidence of the parties, allowed the application which led to the filing of the present petition by the landlord.;