JAGDISH KUMAR Vs. SHAKEEL DAOOD

JUDGEMENT

(1.) This present appeal is filed under Sec. 32 of the Code of Madhya Pradesh Accommodation Control Act 1961 against the order dtd. 16/1/2018 passed by Seventh Additional District Judge, Gwalior in M.A.No.1/2016, whereby the appeal filed under Sec. 31 of the M.P. Rent Control Act, 1961 arising out of the order dtd. 24/11/2015 passed by Rent Controlling Authority in case No.5/2014-15/90-1/Rent, whereby application under Sec. 10 (4) of the Madhya Pradesh Accommodation Control Act for grant of interim maintenance was allowed and the interim maintenance from Rs.1,100.00 per month to Rs.4,800.00 has been awarded.

(2.) The short facts leading to the present appeal are that the respondent/applicant filed an application before the respondent No.2/Rent Controlling Authority Lashkar, Gwalior under Sec. 10 (4) of the M.P.

(3.) Accommodation Control Act, 1961 (hereinafter referred to as "Act") for increase of the standard rent. The appellant/non-applicant replied to the aforesaid application and denied the allegation made in the application. During pendency of the proceedings, one application under Sec. 11 of the Act has been filed in which prayer to fix the interim rent has been made. The Rent Controlling Authority/respondent No.2 vide order dtd. 24/11/2015 allowed the application and directed to make the payment of interim rent to respondent @ Rs.4,800.00 per month. After passing the interim order, the appeal was preferred which was registered as M.A.No.1/2016 before the Additional District Judge. The same was dismissed by impugned order dtd. 16/1/2018.