Judgment

UNTWALIA, J. - This is an appeal by special leave by the land lady of a shop situated in Timber market in the town of Hissar in the State of Haryana. Respondent took the shop on rent of Rs. 175/- per month plus the taxes on the basis of a rent note executed by him in favour of the appellant on November 2, 1962. On November 24, 1967, he filed an application under Sec. 4 of the East Punjab Urban Rent Restriction Act, 1949 - hereinafter called the Act, for fixation of the fair rent of the building. The Senior Sub Judge, Hissar acting as the Rent controller under the Act, found the evidence adduced by the respondent insufficient to enable him to fix the basic rent under sub-s. (2) of S. 4 of the Act. In that view of the matter, he upheld the contractual rate of rent of Rs. 175/- per month and adding to that Rs. 10.15 paise on account of tax fixed the fair rent at Rs. 185.15 per month. The respondent went up in appeal before the District Judge, Hissar who by his order dated January 16, 1969 allowed the appeal and fixed Rs. 54/- per annum i. e. Rs. 4.50 per month as the fair rent of the buildings. The appellants revision before the High Court was dismissed on April 11, 1969. Henc