JUDGEMENT
KANWALJIT SINGH AHLUWALIA, J. -
(1.)IN the present case Murti Shri Durga Bhawani (Hetuwali) Trust (Registered), Karnal (hereinafter referred to as "the Trust") through Jai Parkash Sharma, one of its Member Trustee and Property Manager has filed the present revision petition aggrieved against the order of two Courts below whereby fair rent has been determined.
(2.)IT was averred that the landlord is a registered Trust and Jai Parkash Sharma had been duly authorized to institute the eviction petition. It was further averred in the eviction petition that respondent-tenants were inducted in December 1997. The fair rent of the demised shop was fixed under Section 4 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as "the Act") as Rs. 342/- vide judgment and order dated 17.10.2000. An appeal was filed which was dismissed. A prayer was made that since there was no agreed rent between the parties, therefore, the basic rent as well as the fair rent of the demised premises was required to be fixed. It was stated that the shop is situated in the market area and the prevailing rent is between Rs. 2,640/- to Rs. 3,960/-. It is further stated that General Bus Stand, Karnal, is situated nearby and for similar shops in the locality, the landlords have been getting Rs. 5,000/- as rent.
A written statement was filed in which locus standi of the petitioner was disputed. On merits, it was stated that the fair rent has been determined by the Court as Rs. 342/-, therefore, the same is to be taken as basic rent for fixation of fair rent. It was stated that the fair rent determined by the Court vide order dated 17.10.2000 is to be construed as agreed rent between the parties.
(3.)AFTER completion of pleadings, learned Rent Controller had drawn the following issues :- 1. Whether the petitioner is entitled for fair rent of the demised premises on the grounds as prayed for ? OPP 2. Whether the present petition is not legally maintainable ? OPR 3. Whether the petitioner has got no locus standi to file and maintain the present Petition ? OPR
4. Whether the petition has not been filed by the legally authorized person ? OPR
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