DES RAJ Vs. KEWAL LAL

JUDGEMENT

(1.) Petitioner-tenant applied for fixing of the fair rent of the shop in dispute. The learned Rent Controller fixed the fair rent at Rs. 75/- per mensem. The petitioner claimed less rent whereas the landlord claimed fair rent at the rate of Rs 125/- per mensem. Both the parties challenged the order of the Rent Controller in appeal before the Appellate Authority. The Appellate Authority accepted the appeal of the landlords and fixed the fair rent at Rs. 125/- per measem. Ths learned appellate authority came to the conclusion that there was no material to fix the basic rent of the shop in dispute. He therefore, came to the conclusion that the fair rent will thus be the agreed rent between the parties and came to the conclusion that the petitioner had agreed to pay a sum of Rs. 125/- per mensem as rent to the landlord.

(2.) The contention of the learned counsel for the petitioner that since the landlords got the assessment of the property tax regarding the shop in dispute made at Rs. 900/- per year, therefore, it should be held that the fair rent of the shop was Rs. 75/- per mensem, is really without any merit. As has been found by the Appellate Authority, the petitioner executed the writing Exhibit R.W. 3/A according to which he agreed to pay the rent at the rate of Rs. 125/- per mensem. The evidence of the scribe Shri Devi Dayel, Deed Writer, has been accepted by the authorities below and that being essentially a finding of fact, cannot be interfered with. In the face of this document, which duly stands proved, an argument cannot be raised for the reduction of the rate of the fair rent on the basis of the assessment of the property tax. Ram Chand (A.W. 7) further admitted that the reduction in the property tax was ordered as the rental value of the property was entered as Rs. 900/- per year in the property tax register. From what has been stated above, it is clear that the petitioner agreed to pay a sum of Rs. 125/- per month as rent and this amount, therefore, represents the fair rent.

(3.) No other point has been pressed.