DESHA SINGH Vs. MADANLAL

JUDGEMENT

(1.) This is an appeal under Section 32 of the M.P. Accommodation Control Act filed by the L. Rs. of the deceased landlord Deshasingh against the order dated 23-2-1988 passed by the Addl. Judge to the Court of the District Judge, Mandsaur, Neemuch in Civil Misc. Appeal No.119/87, affirming the order of the Rent Controlling Authority dated 3-11-87 passed in case No. 1A/ 90 (1) 83-84, whereby the objection of the appellants-landlord that the provisions regarding rent contained in Chapter II of the M.P. Accommodation Control Act, 1961 (hereinafter referred to as 'the Act) were inapplicable to the accommodation in question has been overrued and the proceeding in the application of the respondent-tenant to fix standard rent have been maintained.

(2.) The facts giving rise to this appeal, briefly stated, are as follows :- The respondent-tenant filed an application on 3-10-1984 before the Rent Controlling Authority for fixation of standard rent under Section 10 of the Act in respect of one portion of the house 'Laxmi Bhavan' at CRPF Road Neemuch, which is in occupation of the respondent as tenant on rent of Rs. 200/- per month. The appellants by an interim applications disputed the maintainability of the respondent's application for fixation of standard rent on the ground that Section 10 was not applicable since the tenanted accommodation in question is not covered by the provisions of Chapter II of the Act inasmuch as the construction of the accommodation was still not completed and, therefore, there had been no occasion to notify to the local authority the completion of the construction in which the respondent-tenant was occupying a small portion.

(3.) It was contended that the provisions of Section 5 to Section 11 contained in Chapter II of the Act were wholly inapplicable to the instant case since Section 4 of the Act mandatorily exempts from application of the provisions of Chapter II which includes S. 10 providing for fixation of standard rent any such accommodation or part thereof, construction of which was completed before or after the commencement of the Act, for a period of five years from the date on which completion of such construction was notified to the local authority concerned.