Excelsior Correspondent
JAMMU, Nov 29: In an application for fixation of fair rent under J&K Houses and Shops Rent Control Act in case titled “Dara Singh Vs. Manoj Kumar”, the court of Rent Controller (Sub-Judge/CJM), Jammu while disposing of the application held that “protection against un-fair eviction provided under rent control statute enjoins a corresponding obligation on tenant to pay reasonably fair rent to landlord.” He added that for non-applicant to hold out the possession of shop in question on monthly rent as asserted by applicant since 25.04.1996, does not square-up even with a modicum idea of fair rent for a shop situated at a place like Nanak Nagar- Jammu.
Accordingly, court fixed monthly rent of Rs. 6,000 as fair rent payable by tenant to landlord from the date of application.
Landlord/applicant moved application for fixation of fair rent before the Rent Controller (Sub-Judge/CJM), Jammu on 05.11.2020 submitting therein that he has rented out a shop measuring 10’x12′ ft. to non-applicant/tenant on rent at the rate of Rs. 500 per month on 25.04.1996 by virtue of registered Rent Deed and that as per condition in the agreement, tenant did not execute fresh rent deed nor paid the rent as per market rate.
Further, according to applicant/landlord, an enhancement of Rs. 400 only was made during 24 years of tenancy. While allowing the application, Rent Controller (Sub-Judge/CJM), Jammu fixed fair rent of Rs. 6,000 per month of shop in question to be paid by tenant to landlord from 05.11.2020, the day when application was presented before the Rent Controller (Sub-Judge/CJM), Jammu.
Surinder Singh, Advocate represented landlord while as tenant chose to stay away and was proceeded exparte.
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