Sh. Harish Chander Gupta vs Sh. Ghanshyam Wahi

J.V. Gupta, J.—The landlord-Respondent Ghansham Wahi filed an application u/s 4 of the Haryana Act No. 11 of 1973 for fixation of fair rent. The learned Rent Controller, vide its order dated 22nd December, 1976, decided the application fixing the basic rent at Rs. 36/-, and on the basis of the price index, the fair rent was calculated to be Rs. 55/-. Dissatisfied with the same the tenant Harish Chander Gupta filed an appeal. The learned Appellate Authority without going into the merits of the case dismissed the appeal on the ground that the copy of the order of the Rent Controller was not properly stamped, and secondly, the said copy was not filed along with the appeal. Aggrieved with the same, the tenant has filed this petition.

After hearing the learned Counsel for the parties, I am of the considered view that the whole approach of the Appellate Authority was wrong illegal and miconceived. Even if the copy was not properly stamped the requisite Court fee could be asked for. Under the circumstances, the petition succeeds, the order of the Appellate Authority is set aside and case is sent back to the District Judge, i. e., the Appellate Authority, for deciding the appeal on merits in accordance with law. The deficiency in the Court fee, if any, may be got made up. The parties, through counsel are directed to appear before him, on 26th May, 1986. Records of the case be sent back forthwith.