IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 776 of 1992. [O&M] Date of Decision: 28th July, 2009. Dadri Education Society Petitioner through Mr. O.P.Goyal, Sr. Advocate Ms. Anjana, Advocate. Versus Dharampal Respondent through Mr. Sanjay Vij, Advocate. CORAM: HON'BLE MR. JUSTICE SURYA KANT. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? SURYA KANT, J. [ORAL) This Revision Petition is directed against the orders dated 11.5.1991 passed by the Rent Controller, Charkhi Dadri whereby the fair rent of the demised premises has been increased to Rs.16/- per month, as well as against the order dated 2.12.1991 passed by the Appellate Authority, Bhiwani, upholding the aforementioned order. The controversy pertains to fixation of the fair rent in respect of a shop situated at Dadri. It is not in dispute that on an application moved by the petitioner society-landlord, the Rent Controller vide his order dated 25.8.1983 fixed the fair rent at Rs.154/- per month w.e.f. 1.8.1980. An application for fresh determination of the fair rent filed thereafter, was partly allowed by the Rent Controller, Charkhi Dadri vide order dated 11.5.1991 fixing the fair rent of @ Rs.170/- per month, i.e., an increase of Rs.16/- per month only was granted. The petitioner Society, feeling dis-satisfied with the said order, preferred an appeal but the same has been dismissed by the Appellate Authority vide order dated 2.12.1991. Aggrieved, the petitioner has preferred this revision petition. I have heard learned counsel for the parties at some length and perused the impugned orders. There can in deed be no dispute that while determining the fair rent, the Rent Controller was required to apply the principle, namely, basic rent in the relevant year multiplied by 25% increase in the difference of the two price indexes. This principle has been followed by this Court in Civil Revision No. 23 of 1991 titled as Dadri Education Society v Dev Raj & Anr. Decided on 6.9.1991 as also in Dadri Education Society, Charkhi Dadri v Shri Pyare Lal, 2008[1] HRR, 209. Both the aforesaid revision petitions were preferred by the petitioner Society only against its other tenants. Applying the said criteria to the facts of the case in hand, it would bear out that the price index at the relevant time was 248.1 whereas in the year 1985 it was 353.5 and the difference between the two price indexes being 105.2, 25% of the same comes to 26.3. The increase, therefore, ought to have been made accordingly. It could not be disputed by learned counsel for the respondent that if the said formula is applied, the fair rent is liable to be increased to Rs.40/- as against the increase of Rs.16/- given by the courts below and, thus, the fair rent of the shop in dispute would be Rs.194/- per month. For the reasons afore-stated, the revision petition is allowed to the extent that the impugned orders dated 11.5.1991 and 2.12.1991 are modified and the petitioner Society is held entitled to an increase of Rs.40/- per month. Resultantly, the fair rent of the shop in question is fixed at Rs.194/- per month w.e.f. 12.9.1986, i.e., the date of application for fixation of the fair rent. The respondent – tenant is directed to tender the arrears of rent within a period of two months from the date a certified copy of this order is supplied to him. Disposed of. July 28, 2009. ( SURYA KANT ) dinesh JUDGE