L.M.Sharma, J.

1. This writ application arises out of a proceeding for fixing fair rent of a shop in possession of respondent No. 1 as a tenant under the provisions of the Bihar Buildings (Lease, Rent and Eviction) Control Act. The petitioner landlord has challenged the order passed by the Commissioner, respondent No. 2, dated 16.9.1980. The petitioner is the owner of a building in Gaya town standing on 716 square feet of land and the respondent No. 1 is occupying a shop with an area of 170 square feet, He made an application in 1957 before the House Controller under Sec. 5 of the B.B.C. Act, 1947 and fair rent was fixed at Rs. 15.50 per month This order was passed on the basis of municipal valuation of Rs. 780.00 of the building. The petitioner filed an application in 1974 for revising the fair rent on the ground that the rent fixed earlier was too low. In the meantime, municipal valuation was also raised to Rs 1100/-. The respondent No 1 admitted the liability to pay Rs. 21/- per month on the basis of the municipal valuation. The House Controller however got an inquiry made about the rate of rent for similar area in the locality and on that basis fixed the rent at Rs. 100