Case Note & Summary
The dispute arose from a civil writ petition filed by a landlord against a tenant regarding the fixation of fair rent under the Haryana Urban (Control of Rent and Eviction) Act, 1973. The landlord sought to eject the tenant for non-payment of rent and requested a revision of the fair rent, which had been previously fixed at Rs.78/- per month. The Rent Controller fixed the fair rent at Rs.86/- per month effective from January 6, 1988, after considering the increase in the price index. The tenant admitted the landlord-tenant relationship and the rate of rent but claimed that the arrears had been paid and that there was no basis for a new fair rent fixation. The Rent Controller dismissed the ejectment application as the tenant had cleared the dues. The landlord appealed, but the Appellate Authority upheld the Rent Controller's decision. The landlord then filed a revision petition, arguing that the fair rent was not calculated correctly according to the formula in the Act. The court analyzed the calculations based on the price index from 1982 to 1987 and confirmed that the fair rent was correctly determined at Rs.86/- per month. The court found that the lower courts had applied the law correctly and dismissed the revision petition without costs.
Headnote
A) Rent Control - Fair Rent Fixation - Calculation of Fair Rent - Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 4 - The court upheld the calculation of fair rent at Rs.86/- per month, determining it was in accordance with the prescribed formula and principles established in precedent. The court found no illegality in the lower courts' judgments regarding the fair rent calculation. Held that the revision petition was dismissed (Paras 11-12).
Issue of Consideration
Whether the fair rent was fixed in accordance with the formula prescribed under the Haryana Urban (Control of Rent and Eviction) Act, 1973.
Final Decision
The High Court dismissed the revision petition, upholding the lower courts' decisions regarding the fair rent fixation at Rs.86/- per month.
Law Points
- Rent control
- fair rent fixation
- arrears of rent
- tenant rights
- Haryana Urban (Control of Rent and Eviction) Act
- 1973
