BHAILAL JAGATRAM Vs. SHADILAL RAM RAKHAMAL

JUDGEMENT

(1.) THIS is revision against the order dated 13-2-1982, passed by the Second Civil Judge Class II, Gwalior, in Execution Case No. 116 A of 1967 x 1981, rejecting thereby the application dated 12-2-1982 in which certain objections were raised that the Executing Court has no jurisdiction to determine the standard rent for purpose of compensation in a decree passed under Section 12 (1) (f) of the M. P. Accommodation Control Act, 1961 (hereinafter referred to as the Act ).

(2.) THE facts of the case are that a suit for eviction was filed for nonresidential accommodation by the landlord one Shadilal, against the tenant defendants Bhailal apd Gulshanrai. The suit was decreed on the ground under section 12 (1) (f) of the Act. The landlord-deceree-holder is entitled for possession only on payment of compensation to the tenant as contemplated under Section 12 (6) of the Act. The case was fixed for evidence of the parties on 27-3-1982 and evidence was recorded. The judgment-debtors moved an application objecting that the Executing Court has no jurisdiction to determine the standard rent for purpose of compensation, but it is only the Rent controlling Court, which should decide the matter. The learned Executing court heard the parties and rejected the application. Agrrieved by the said order, the present revision is filed.

(3.) THE submission made by the learned counsel for the applicants is that the plaintiff-landlord is entitled to get possession only after payment of the compensation to the tenants and for calculating compensation, it is necessary to see as to what is the standard rent of the suit accommodation. After knowing as to what is the standard rent, then alone, the compensation can be calculated on the basis of the duration during which the tenant occupied the shop and for deciding the matter as to what is the standard rent, the jurisdiction of the Civil Court is barred under Section 45 of the Act which is as under:-