ISHWAR SWAROOP SHARMA vs JAGMOHAN LAL

The Supreme Court upheld the decision of the High Court affirming the Appellate Authority's order under Section 4 of the Haryana Urban (Control of Rent and Eviction) Act, 1973, which fixed the fair rent of a shop at Rs.328 per month, based on a percentage increase from the agreed rent of Rs.200. The Court clarified that under Section 4(2)(b), the fair rent for buildings constructed after December 1961 should be determined based on the rent agreed upon prior to the application, and not on market rates unless no rent was agreed. The Court concluded that the Appellate Authority's interpretation was correct, and the appeal was dismissed.