CR No.806 of 1996 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Revision No.806 of 1996 Date of Decision: 20 - 7 - 2010 Smt.Saraswati Devi ....Petitioner v. Ram Sarup ....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) The present revision petition has been preferred by the landlady. She had instituted a petition under Section 4 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 for fixation of fair rent. The petition filed by the landlady was dismissed on the ground that landlady-petitioner had not disclosed the date of construction of the building, therefore, the rent was to be determined applying the different yardstick in case of the buildings constructed in 1962 or the buildings constructed after 1962. Case of the landlady-petitioner was that the tenant was inducted in 1970 at the monthly rent of Rs.200/-. The Appellate Authority ignored testimony of tenant-Hari Ram RW1 who had specifically CR No.806 of 1996 [2] stated that building was constructed 25 years ago for the reason he had no special means to determine the age of building. In the present case, the rent was to be determined against the interest of the tenant. Once the tenant has stated that the building was constructed 25 years ago, then it is to be assumed that the building was constructed in the year 1965 as the petition for fixation of fair rent was filed on 17.2.1990. There being no ambiguity on this aspect, it was incumbent for the Rent Controller to proceed with the fixation of fair rent considering the year 1965 to be the year of construction. For the reasons stated above, the present petition is allowed. The orders passed by both the Courts below are set aside. The matter is remanded back to the Rent Controller, Sonepat to determine the fair rent afresh. In case a subsequent petition has been filed taking a contrary stand by the landlady-petitioner, that fact may also be taken into consideration by the Rent Controller. ( KANWALJIT SINGH AHLUWALIA ) July 20, 2010. JUDGE RC