1949 (12) TMI 42

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....s. 6/- with effect from 1st August 1946 and that he further enhanced it to Rs. 12/-with effect from 1st April 1947. It was contended that this enhancement to Rs. 12/- per mouth was in contravention of the provisions of the Act and, consequently, punishable Under Section 8. 2. The trial took place before Shri R. T. I. Mohan, City Magistrate. He tried the applicant summarily. Some witnesses were examined in. eluding Tara Chand who also filed receipts. The City Magistrate found that the enhancement of rent from Rs. 6/- to Rs. 12/- was prohibited Under Section 5(2) of the Act. 3. The applicant pleaded before the Magistrate that he had improved the house at a considerable expense. He conceded that the rent of the house was Rs. 12/- and ple....

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.... be governed by Section 5 (2). If it does not remain the same, fixing rent for the improved or reconstructed house is a matter of fresh settlement of rent. If the parties come to an agreement about the rent to be paid, the agreed rent would be payable by the tenant without any regard to the amount of the rent previously payable and to the provisions of Section 5 (2), The accommodation being different, it would not be a case of enhancement at all. If the parties cannot agree about the rent, the landlord can fix rent by a written notice provided it does not exceed the reasonable annual rent; if he wants to fix the rent at a higher amount, he must go to a Court forgetting the rent fixed. 6. I derive considerable support for the above view f....

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....county court judge." 7. In the present case it has been definitely found by the learned Magistrate that the so-called improvement was nothing but ordinary repairs which a landlord is expected to make in order to keep the house in a habitable condition and that the accommodation remains the same. Consequently fixing a higher amount of rent is enhancement and if it is not justified Under Section 5 (2), it is in contravention of the Act. Even if the improvement or reconstruction of the house has made the present accommodation different from the previous accommodation, there is no evidence of any agreement by Tara Chand to pay Rs. 12/- per month and the rent has not been fixed by any notice in writing. Even if the rent at the rate of Rs. 12/....