DESHRAJ Vs. AKHTAR HUSSAIN

JUDGEMENT

(1.) This is an appeal against the judgment and order of the High Court of Madhya Bharat at Gwalior and arises out of proceedings between a landlord and his tenant taken under the Accommodation Control Act (XV of 1950) which, for the sake of brevity, will be termed the Act.

(2.) On March 14, 1948, the appellant took two houses in Morar from the respondent at a monthly rental of Rs. 80 plus other charges at Rs. 5 per month.

(3.) On October 20, 1948, the appellant brought a suit for fixation of rent in the Court of the Cantonment Magistrate at Morar under the provisions of Accommodation Control Ordinance (Ordinance XX of 2004-S). The Act was passed on January 25, 1950, and came into force on February 10, 1950. Because of the passing of the Act the plaint was returned on March 20,1950, for want of jurisdiction. Thereupon on April 28,1950, the appellant filed the suit before the Rent Controller out of which this appeal has arisen. In the suit he prayed for the fixation of fair rent at Rs. 20 per month. The respondent pleaded inter alia that the suit could not be instituted before the Rent Controller and the suit was incompetent because no notice under S. 7(2) of the act had been given.