ORDER :- This is an application by a plaintiff whose application under S.5(4) of the Temporary Control of Rent and Eviction Act for the fixation of rent of a shop has been dismissed by a Munsif on the ground that the transaction was not unfair.

2. There is no dispute about the facts which are as follows : The opposite party, the City Board of Dehradun, constructed some shops after 1-7-1946, on an open piece of land owned by it by the side of Saharanpur road near the railway station of Dehradun. They were constructed with the object of letting them out to tenants. Offers were invited for the shops, which were open for inspection by the public and were let out to the highest bidders. The shop in dispute is one of them. Several persons applied to the opposite party for it, making their own offers. One man offered Rs.60/- per month as rent, another Rs.75/- and a third Rs.80/-. The applicant appeared on the scene and presented an application to the opposite party offering Rs.85/- per month. Not only did it voluntarily offer this rent, but it went further and offered to give security for the payment of the rent. More offers came for Rs.86/-and Rs.87/- per month and the applicant, within f

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