CR No.2902 of 1996 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.2902 of 1996 Date of decision : 08-07-2010 Shrimati Kaushalaya Devi .... Petitioner VERSUS Dr. Mahender Pal ....Respondent CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Ashish Kapoor, Advocate, for the petitioner. None for the respondent. KANWALJIT SINGH AHLUWALIA, J. (Oral) Kaushalaya Devi, landlady, filed a petition under Section 4 of Haryana Rent Control and Eviction Act, 1973 praying for fixing the fair rent of the demised shop let out to respondent – Dr. Mahender Pal. It has come in the evidence of the petitioner - landlady that the demised shop was constructed before 1961. Admittedly, it was let out to respondent in the year 1972 on a monthly rent of Rs.70/- and the same was enhanced to Rs.96/- plus house tax of Rs.11.20 ps., totalling Rs.107.29 ps. in the year 1980. Therefore, applying the formula prescribed under the Act, the learned Rent Controller, Jhajjar fixed the rent @ Rs.163 p.m. plus house tax vide his order dated 4.08.1994. Aggrieved against the same, the tenant filed an appeal. He CR No.2902 of 1996 -2- pleaded therein that the shop was constructed before 1961 and no evidence has been brought on record to show as to what was the prevalent rent of the demised shop at the relevant time. The Appellate Court below has held that it was an admitted case of the parties that building was constructed before 1961, therefore, under Section 4(2) (a) rent prevailing in the locality for building let out to a new tenant during the year 1961 is to be taken as basic rent. However, Lower Appellate Authority has lost its sight of the fact that the building was let out in the year 1972, therefore, an agreed rent was to be taken as the basic rent. Thus, the error has crept in the judgment of the Appellate Authority, Rohtak. Even though the building was constructed before 1961 since the same was rented out in 1972 @70/- p.m. and the rent was enhanced to Rs.96/- plus house tax of Rs.11.25 ps., therefore, the learned Rent Controller has rightly taken the fair rent @ Rs.107.29 ps. and enhanced the rent to Rs.163/-. Hence, the judgment of the Appellate Authority dated 25.01.1996 is set aside and that of the learned Rent Controller dted 4.08.1994 is maintained. Disposed of. (KANWALJIT SINGH AHLUWALIA) 08-7-2010 JUDGE manju