P&H HC: Rent Controller must take evidence before fixing fair rent; Amritsar case remanded
Fair rent was fixed on the parties’ pleadings alone, with no evidence on the prevailing rents in the locality.
Published
AI-drafted · Reviewed by Adv. [Reviewer Name]Bar Council of Punjab & Haryana, enrolment [P/0000/2012] · reviewed · How we verify
00Background
The landlord applied for fixation of fair rent for a shop in Amritsar. The Rent Controller fixed it without recording evidence, and the Appellate Authority affirmed.
01Submissions
For the petitioner-landlord
S. 4 requires the Controller to consider the prevailing rates in the locality. No evidence of those rates was taken.
For the respondent-tenant
Both sides filed affidavits; nothing more was needed.
02Observations
“The determination under S. 4 is a finding of fact on the prevailing rents. It cannot be made on the pleadings of the parties alone.”
Order, ¶ 6 · open at p. 4
03Findings & directions
- Orders of the Rent Controller and the Appellate Authority set aside.
- Matter remanded to the Rent Controller to decide afresh after allowing both sides to lead evidence.
- Parties to appear before the Rent Controller on 20.10.2026.
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