P.R.RAO
Mohd. ATAUR RAHMAN KHAN (DIED) BY L. RS. – Appellant
Versus
MOHD. KAMALUDDIN AHMED – Respondent
( 1 ) THESE revision petitions arise under Rent Control Act. C. R. P. No. 180 of 1983 is at the instance of the landlord and C. R. P. No. 1953/85 is at the instance of the tenant. The landlord filed a petition for fixation of fair rent at Rs. 350 per month under Sec. 4 of A. P. Buildings (Lease, Rent and Eviction Control Act, 1960 at Rs. 350/- p. m. The rent payable at the time was Rs. 90/ -. The enhancement was sought for on the ground that there is continous increase in labour charges, maintance charges, municipal taxes and the rents prevailing in the locality. This is resisted by the tenant on the ground that the house is an old one and it requires major repairs in addition to the white-washing of the house and the tenant is only a State government employee of L. D. C. cardre and hence the claim for enhancement is not sustainable. In the counter-affidavit filed on behalf of the Deputy secretary to Government, Accomodation Department, it was stated that the enhancement of rent is not justified as the increase in labour charges and maintenance charges are not relevant for the purpose of enhancement and in any event the fair rent claimed is excessive. The Rent Controll
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