KRISHNA RAO Vs. WAMAN RAO

JUDGEMENT

(1.) THIS is a revision petition against the order of the Third Additional District Judge, Indore, passed in proceedings for the fixation of fair rent under the Madhya Pradesh Accommodation Control Act, 1955 (hereinafter called 'the Act').

(2.) THE non-applicant was a tenant of the applicant-landlord in respect of a portion of premises, house No 2, Kachhi Mohalla, Indore City. On 1-6-1956, he filed a suit before the appropriate Rent Controlling Authority for the fixation of fair rent under sub-section (4) of section 9 of the Act. THE applicant-landlord, however, had already served him with a notice to quit and determine his tenancy as from 1-6-1956. As the non-applicant (tenant) did not vacate the premises in terms of the notice, he also filed a civil suit for ejectment on 24-6-1956, wherein he also claimed damages for use and occupation of the accommodation for the period that the non-applicant would continue to be in its occupation after the determination of his tenancy. THE suit for ejectment was decreed in favour of the applicant (landlord) on 3-2-1958, wherein he was also awarded damages for use and occupation from 1-6-1956 to the date of the landlord obtaining possession of the accommodation.. THE non-applicant in consequence vacated the suit premises by the end of January 19.38 and also deposited in Court the entire amount of mesne profits and costs awarded against him by the aforesaid decree.

(3.) THE first question that arises for consideration is whether the High Court has jurisdication under section 115 of the Code of Civil Procedure to revise the order of the Additional District Judge passed by him as an appellate authority under section 12 of the Act.