VIPIN KUMAR MEHTA Vs. RAJKUMAR JAIN

JUDGEMENT

(1.) This Petition under Article 227 of the Constitution of India has been filed against the order dtd. 6/12/2021 passed by 14th Additional District Judge, Bhopal in MJC No.276/2021 by which the order passed by the Rent Controlling Authority under Sec. 10 of M.P. Accommodation Control Act has been put for execution.

(2.) The facts necessary for disposal of this petition in short are that an order under Sec. 10 of M.P. Accommodation Control Act was passed by the Rent Controlling Authority thereby determining the standard rent. An appeal is pending against the said order. The order of fixing standard rent was put for execution. In the execution proceedings, the petitioner filed an application for stay of further proceedings. By the impugned order, the said application has been rejected.

(3.) Challenging the order passed by the Court below, it is submitted by the counsel for the petitioner that an order under Sec. 10 of M.P. Accommodation Control Act is not executable under Sec. 35 M.P. Accommodation Control Act. It is submitted that if the landlord/owner wants to execute the order passed under Sec. 10 of M.P. Accommodation Control Act, then he has to file a suit either for recovery of arrears or for eviction.