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Judgment
Naresh Chander Jain, J.—This revision petition has been directed against the order of the appellate authority at the instance of the land-lord by which the fair rent has been fixed at the rate of Rs 2000/- per annum of the demised premises. The learned Rent Controller dismissed the application of the tenant by holding that the agreed rent was the fair rent of the demised premises. However, in appeal, at the instance of the tenant the appellate authority has fixed the fair rent at Rs 2000/- per annum by adopting the reasoning that Rs. 3200/- could not be said to be the agreed rent as it was enhanced from Rs. 2000/- to Rs. 3200/- per annum in ejectment proceedings. The view of the appellate authority is that the enhanced rent or in other words a pressurized rate of rent cannot be called the agreed rent If the view of the appellate authority is allowed to be sustained, no landlord and tenant can at any stage agree for a higher rent. Whether the original rent of Rs. 2000/- per annum was enhanced to Rs. 3,00/- in an application for eviction or otherwise, the same would be contractual rent in the eye of law. It would not make even the slightest difference whether the original rent of Rs. 2000/-per annum was enhanced to Rs. 3200/- per annum in the application for eviction or otherwise by an agreement. Thus Rs. 3200/- would be the agreed rent for the purpose of determination of fair rent. The view of the learned Rent Controller was totally correct and the same has been illegally reversed by the appellate authority.
In view of the above mentioned observations, the revision petition is allowed, the order of the appellate authority is set aside and that of the Rent Controller is restored. The fair rent of the demised premises is fixed at Rs. 3200/- per annum.