INDRAMANI SHARMA Vs. VIJAY KUMAR SANGHI

JUDGEMENT

(1.) THIS is a revision by the defendant against the order dated 17.7.2001 in Civil Suit No. 29 A of 1996 of the 14th Civil Judge, Class II, Jabalpur by which the provisional rent under section 13(2) of the M.P. Accommodation Control Act has been fixed at Rs. 1, 600/ per month. Arguments of both the sides heard.

(2.) IT is not in dispute tht the contractual rent was Rs. 1,600/ per month. According to the defendant Rent Controlling Authority has fixed the interim rent under section 11 of the Act at Rs. 230/ per month. The final order for fixing standard rent as required by section 10 of the Act has not yet been passed. The Civil Court fixed the provisional rent keeping in view the agreement between the parties. It is submitted on behalf of the petitioner relying upon the decision in Wadhumal v. Amulmal (Civil Revision No. 667 of 1971 decided on 22.7.1972) that the Civil Court is bound even by the interim rent fixed by the R.C.A. under section 11 of the Act. On the other hand reliance is placed upon the decision of this Court in Aurobindo Society, lndore and others v. Narendra Sheth (1979 JLJ 707 = 1979 MPLJ 757) in which it has been held that the interim order under section 11 of the Act passed by the R.C.A. is not binding on the civil Court while fixing the reasonable provisional rent under section 13 (2) of the Act. It has also been observed in this case that this point did not arise for determination in Wadhumal's case.

(3.) THUS , this revision stands disposed of. The RCA will decide the question of standard rent under section 10 of the Act as early as possible.