CHHOGALAL Vs. SHUSHIL CHAND

JUDGEMENT

(1.) This appeal under Section 32 of the M.P. Accommodation Control Act, 1961, (for short, 'the Act) is directed against the order of District Judge, Guna, whereby the appeal of the appellant was only partly allowed by modifying the amount of the standard rent fixing it at Rs. 42.55, per month, instead of Rs. 46.20 as fixed by the Rent Controlling Authority, Guna, (for short, 'Authority').

(2.) Before the Authority, respondent/landlord filed an application for the fixation of standard rent of the suit premises, stating that appellant-non-applicant is a tenant at Rs.26/- per month, in the suit-premises, since 11-4-1954. According to the landlord, the rent of the suit premises could be realised on 1-1-1948 at the rate of Rs. 25/- per month. The respondent landlord claimed increase at the rate of 70% on the rent as could be realised on 1-1-1948, with further increase of 10% of the house tax and prayer standard rent to be thus fixed at Rs. 46.90 per month.

(3.) The appellant-non-applicant contested the case, denying the claim of the respondent-applicant. The fact of tenancy and the rate of rent at Rs. 26/- p.m., was admitted, but it was denied that the rent of the suit shop could be realised on 1-1-1948 at the rate of Rs. 25/- p.m. It was further stated that since the respondent did not keep the shop in dispute in good condition, after the necessary repairs, the owner was not entitled to any increase at the rate of 70% of the rent. It was also stated that the increase of 10% of the house-tax could be permitted.