S H JAWANDHIYA Vs. ONKARESHWAR BIRBAL PRASAD MISHRA

JUDGEMENT

(1.) This revision application has been filed by applicants against the order dated 13-3-1991, who are defendants in Civil Suit No. 233/90 filed by Non-applicant who is plaintiff in the suit in the Court of Joint Civil Judge, Junior Division, Ist Court, Khamgaon, seeking declaration to the effect that the property viz. House No. 1/9 GH, situated at Khamgaon is governed by the provisions of Central Provinces and Berar Letting of Houses and Rent Control Order, 1949 (for short 'Rent Control Order') and that he is tenant of the property in question. Other consequential reliefs have also been sought for in the said suit.

(2.) It is an admitted position that no written statement has been filed by the original defendants in the suit so far. However, in view of the reply filed by defendants to the application for grant of temporary injunction certain objections were taken regarding maintainability of the suit and jurisdiction of the Court to try the suit necessitating adjudication of those questions by the Joint Civil Judge, Junior Division, First Court, Khamgaon as preliminary issue.

(3.) Brief facts of the case are that, the plaintiff in the plaint averred that he was employee of defendant No. 2-Vidarbha Sikshan Prasarak Mandal, a Public Trust, which runs G. S. College of Science, Commerce and Arts, Khamgaon and he has been allotted residential premises House No. 1/9 GH. The plaintiff also averred that he is occupying the said premises as lessee with an agreement to pay the rent of Rs. 100/- per month exclusive of municipal taxes and electricity charges. However, the defendants unilaterally enhanced the rent from Rs. 100/- per month to Rs. 300/- per month and has threatened to deduct the rent at the rate of Rs. 300/- per month from his salary.