ISHWAR SWAROOP SHARMA versus JAGMOHAN LAL

ISHWAR SWAROOP SHARMA versus JAGMOHAN LAL

Since there was a prior agreement for rent and the tenancy was continuing at the time of application, the agreed rent constitutes the basic rent under Section 4(2)(b), and the landlord is entitled only to a percentage increase and not to market rent.

Parties
Appellant: Ishwar Swaroop Sharma; Respondent: Jagmohan Lal
Jurisdiction
India
Judgment Date
24 November 2000
Procedural Posture
Civil Appeal / Final Decision on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Fixation of Fair Rent, Agreed Rent, Monthly Tenancy, Percentage Increase, Market Rent
Rent Control Eviction Fixation of Fair Rent Agreed Rent Monthly Tenancy Percentage Increase Market Rent

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Parties

Ishwar Swaroop Sharma

Appellant

Jagmohan Lal

Respondent

Procedural Posture

Civil Appeal / Final Decision on Appeal From High Court

Legal Issues

  1. 1 Whether 'agreed rent' under Section 4(2)(b) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 includes monthly tenancies
  2. 2 Determination of basic rent for fixation of fair rent when there is a subsisting agreement

Ratio Decidendi

Since there was a prior agreement for rent and the tenancy was continuing at the time of application, the agreed rent constitutes the basic rent under Section 4(2)(b), and the landlord is entitled only to a percentage increase and not to market rent.

Court Disposition

Appeal dismissed

Orders

  • Decision of High Court upheld
  • No order as to costs