NARESH KUMAR Vs. MAHENDRA KUMAR JAIN

JUDGEMENT

(1.) The present petitions have been filed by parties who are aggrieved by the order dtd. 27/12/2021 passed by the Ld. Civil Judge, Bhopal whereby the applications filed by both the tenant and the landlord gave rise to the present case. M.P. No. 235/2022 has been filed by the tenant and M.P. No. 479/2022 has been filed by the landlord. The tenant is aggrieved by the impugned order that provisional rent that has been fixed by the Ld. Trial Court under Sec. 13(2) of the M.P. Accommodation Control Act of 1961 (hereinafter referred to the Act of 1961) has been arrived at arbitrarily, without due application of mind or without any adherence to the procedure.

(2.) The Ld. Trial Court arrived at the provisional rent to be paid by the petitioner quantified at Rs.4,000.00 per month. Sec. 13(2) of the Act of 1961 reads as under :-

(3.) A bare reading of the said provision reflects that where there is a dispute regarding the amount of rent which is payable by the tenant, the Court on a plea, either by the landlord or the tenant, taken at the earliest opportunity to the proceedings, is authorised to fix a " reasonable provisional rent" in relation to the accommodation to be deposited or paid in accordance with the provisions of 13(1) of the Act of 1961.