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Judgment
M.S. Liberhan, J.—The shop in dispute is on rent with the petitioner at the rate of'' Rs. 40/- per month since 19 70. The landlord applied to the Rent Controller for fixation of the fair rent. The Courts below fixed Rs. 40/- as the basic rent The fair rent was fixed at Rs. 98/ by relying on Bhim Sain and Anr. v. Smt. Pushpa Devi of Charkhi Dadri 1984 H. R. R. 418, the appellate authority has affirmed the fixation of fair rent
The learned counsel for the petitioner contends that the judgment cited has been overruled by a judgment repotted aft Gela Ram v. Sat Pal Sharma 1988 94 P. L. R. 35, to the effect that for the purposes of giving increase, percentage is to be taken of the basic rent not of the price index. Keeping the observations in view, there is no dispute that fair rent comes to Rs. 63 60, rounding of the figures fair rent is fixed at Rs. 65/- per month. The learned counsel for the respondents have no serious objection to this.
In view of this, the Revision Petition is allowed and the impugned order is set aside. Fair rent is fixed at Rs. 65/- per month from the date of application.