M.S.LIBERHAN,J - (1.) THE only question raised in this revision petition relates to fixation of fair rent.
(2.) THE factual matrix relevant for the determination of fair rent is that the shop in dispute was leased out in the year 1960 at the rate of Rs. 12/- per month excluding the house-tax. The application for fixation of fair rent was preferred on January 2, 1985. Admittedly the price index in 1984 was 504.2 while it was 104.1 in the year 1962. The Rent Controller fixed Rs. 12/- per month as the basic rent which was not disputed before the lower appellate Court.
(3.) THE Rent Controller as well as the Appellate Authority relying on Bhim Sain and another v. Pushpa Devi, 1984 Haryana Rent Reporter 418, fixed the fair rent. The learned counsel for the petitioner contends that the judgment relied upon has been overruled by a Division Bench of this Court. He refers to Gela Ram v. Sat Pal Sharma, 1988(1) RCR 657. It was observed by the Division Bench : "As a matter of fact, the index number as such has nothing to do with the rate of rent of a particular premises. As commonly said index numbers are only barometer of economic activity i.e. if one wants to get an idea as to what is happening to economy, he has to look to important indices like the index number of industrial production, agricultural production, business activity etc.". ;