AIR 1989 PUNJAB AND HARYANA 9 ::1988 RevLR 82 ::1988 Punj LJ 46 ::(1988) ILR 2 P&H 122 ::(1989) BankJ 44 ::(1988) 93 Pun LR 290 ::(1988) 1 Bank CLR 345 ::1988 HRR 137 ::1988 (1) RenCR 202 ::(1988) 26 Reports 126 ::1988 (1) RentLR 252 ::(1988) 1 CurLJ(CCR) 481 ::ILR (1988) 2 P&H 122

Punjab And Haryana High Court

Hon'ble Judge(s): Rajender Nath Mittal, D. V. Sehgal , JJ

Haryana Urban (Control of Rent and Eviction) Act (11 of 1973) , S.4(2)(b)— "Agreed rent" - What is - Building let out for specific period - Tenant continuing and paying rent, but no formal rent deed executed - Rent paid was "agreed rent" within the meaning of S.4(2)(b). Interpretation of Statutes - Term "Statutory tenant"Words and Phrases - "Agreed rent".AIR 1983 NOC 67 (PunjHar), Overruled. The landlord let out the property in dispute to a Bank for a period of five years. After the expiry of the period, the bank enhanced the rent and continued in possession, but no formal rent deed was executed. The landlord filed a petition under S.4(2)(b) for fixation of fair rent of the property. Held, that if a building situated at a place where the provisions of the Act are applicable, had been let out for a specific period, the rent fixed by the parties could after the expiry of the period of tenancy, be considered as "agreed rent'' within the meaning of S.4(2)(b), for determining fair rent of the property. The word "Statutory tenant" has not been defined anywhere in the Act. However, the word "tenant" has been defined and it means any person by whom or on whose account rent is payable for a building or rented land and includes a tenant continuing in possession after the termination of his tenancy. From the definition, it i....