HAZURISINGH Vs. VIJAYSINGH

JUDGEMENT

(1.) THIS is an applicatio in revision against the order dated the 10th of March, 1960 passed by the First Civil judge Class II, Gwalior in Civil Original Suit No. 195 of 1959 whereby he has ordered the present application along with non -application Nos. 2 and 3 to pay provisional rent at the rate of Rs. 35 p.m. during the pendency of the suit.

(2.) THE suit was for ejectment of Defendant No. 1 who is a tenant and of the other two Defendants, of whom the present application is one, as sub -tenant of Defendant No. 1. On the 9th of January, 1960 an application was filed by the Plaintiff under Section 5 of the M.P. Accommodation Control Act praying for an order for deposit of inform rent at the agreed rate of Rs. 35 p.m.. This prayer was allowed by the Court by its order dated the 10th of March 1960.

(3.) THE question which therefore arises, for consideration in the present case is whether a sub -tenant who had agreed to pay rent not to the landlord but to the tenant can be ordered to pay interim rent under Section 5(a) of the M.P. Accommodation Control Act. It is no doubt true that the detonation of ward 'tenant' as contained in the Act includes a sub -tenant. But the trial Court has in my opinion over -looked the 'tenant' cannot necessarily apply in all the contexts in which that word may be found to the used in the provisions of the Act. Maxwell in his Interpretation of Statutes has observed as follows: -