AJAY BUDHIYA Vs. GULSHAN

JUDGEMENT

(1.) This appeal is preferred against the judgment/decree dated 12-2-2004/24-2-2004 passed by the 3rd Additional District Judg (FTC), Korba (CG) in Civil Suit No. 12-A/2002 whereby the said court decreed the suit for compensation to the tune of Rs.4,30,000.00 and arrears of rent to the tune of Rs.8000.00 filed by the respondent/plaintiff.

(2.) Appellants/Defendants were tenants of the respondent/plaintiff and due to some dispute regarding rent, the appellants/defendants filed an application before the Rent Controlling Authority (for short, "the Authority") under Sec. 10 of the Madhya Pradesh/Chhattisgarh Accommodation Control Act, 1961 (for short, "the Act, 1961") for fixing the standard rent of the rented premises situated at plot No. 57 at Korba which is shown in the map attached with the plaint. The said application was dismissed by the authority with the observation that the parties can fix the standard rent according to the agreement and consent. Latter on, the said authority passed order of eviction of the appellants vide order dated 7-8-2002. The appellants filed revision against the order of authority which was registered as civil revision No. 583 of 2002 before the High Court which was dismissed by allowing two months' time to vacate the suit premises. The appellants vacated the suit premises on 7-6-2003.

(3.) Learned counsel for the appellant would submit as under: