Kanwaljit Singh Ahluwalia, J.:-This revision petition is directed against the order of the Appellate Authority, whereby relying upon the interpretation of Section 4 of Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as, ‘the Act’) enunciated in Yoginder Mohan v. Krishan Lal, 1999 (2) RCR (Rent) 46, Appellate Authority had modified the rent determined by Rent Controller, Ambala Cantt.

2. Petitioner-landlord had preferred a petition under Section 4 and 5 of the Act for revision of fair rent. Section 4 and 5 of the Act read as under: “

4. Determination of fair rent. – (1) The Controller shall on an application by the tenant or the landlord of a building or rented land, fix the fair rent for such building or rented land after holding such enquiry as he may think fit. Such fair rent shall be operative from the date of application.

(2) In fixing the fair rent under this section the Controller shall first determine the basic rent which shall be:-

(a) In respect of the building the construction whereof was completed on or before the 31st day of December, 1961, or land let out before the said date, the rent prevailing in the locality for similar building or rented land let out to a new tenant during the years 1962; and

(b) In respect of the building the construction whereof is completed after the 31st day of December, 1961 or land let out after the said date the rent agreed upon between the landlord and the tenant preceding the date of the application, or where no rent has been agreed upon, the basic rent shall be determined on the basis of the rent prevailing in the locality for similar building or rented land at the date of application.

(3) In fixing the fair rent, the Controller may allow an increase or decrease on the basic rent determined under subsection (2), not exceeding twenty five per centum of the rise or fall in the general level of prices since the date of agreed rent or the date of application, as the case may be, in accordance with the average of All India Wholesale Price Index Number as determined by the Government of India, for the calendar year immediately the date of application).

(4) Notwithstanding that the fair rent for building or rented land has been fixed under the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the 1949 Act), a landlord or tenant of such building or rented land shall be entitled to get its fair rent fixed under this section. (5) Notwithstanding anything contained in this Act, the Controller may fix the fair on the basis of the compromise arrived at between the parties to the proceedings. Such rent shall be binding only between the parties and their heirs.

5. Revision in fair rent in certain cases - When the fair rent of a building or rented and has been fixed under section 4, no further increase or decrease in such fair rent shall be permissible for a period of five years:

Provided that an increase may be allowed in case where any addition, improvement or alteration has been carried out at the expense of the landlord, and in the building or rented land which is in occupation of the tenant then at the request of the tenant.

(2) Any dispute between the landlord and the tenant in regard to any increase or decrease under this Section shall be decided by the Controller.”

3. Rent Controller determined the rent to be Rs.476.27 per month. Aggrieved against the same, tenants-respondents to the rent petition, filed an appeal, which was accepted and the rent was modified by the Appellate Authority. Aggrieved against the same, landlord had filed the present revision petition.

4. Undisputedly, petitioner is owner and landlord of northern portion of Shop No. 5571 located at Saudagar Bazar, Ambala Cantt. Shripal Jain was tenant of the Shop and used to pay Rs.390/- as rent along with house tax @ 12.5 percent. Shripal Jain left for heavenly abode on 24th October, 2001 leaving behind his legal representatives, who became joint tenants of the Shop o