PREMCHAND GUPTA Vs. G. P. SOLANKI

JUDGEMENT

(1.) This revision is directed against an order dated 19th Sept. 1981 by which the trial court has held that the defendant-applicant should deposit rent at the rate of Rs. 40.00 per month under section 13(2) of the M. P. Accommodation Control Act, 1961. The rent of the accommodation was claimed from 15th Sept. 1975 in the suit. Agreed rent was Rs. 40.00 It is, however, not in dispute that one of the rooms included in the tenancy was demolished in Aug. 1975. On an application made for striking out the defence, the defendant brought out this fact to the notice of the Court. The court dismissed the application under section 13(6) but directed the defendant to deposit rent under section 13(2) as claimed in the plaint. It appears however that on 29th Oct. 1980 the Court held that Rs. 30.00 should be the reasonable provisional rent under section 13(2) in view of the fact that one of the rooms which was in the tenancy of the defendant was demolished and he was not in occupation of that room. By the order under revision it has been held that the order dated 29th Oct. 1980 fixing Rs. 30.00 as provisional rent under section 13(2) was passed in ignorance of the order dated 18th Jan., 1980 and therefore it cannot be given effect to. In my opinion, it was now too late to say that the order dated 29th Oct. 1980 could not he given effect to. On that date the plaintiff was present in Court. If the defendant had not brought to the notice of the Court the earlier order, the plaintiff could have.brought to the notice of the Court that order. If the plaintiff was aggrieved by the order fixing Rs. 30.00 as provisional rent, he could have come in revision. After a year of passing of that order it was not open to the plaintiff to contend that order is ineffective and had not to be complied with. Even on merits the order dated 29th Oct., 1980 appears to be more reasonable than the order dated 18th Jan. 1980. Obviously when the defendant admittedly is not in occupation of the entire premises let out to him because of the demolition of one room for which he is not responsible the reasonable provisional rent should be less than Rs. 40.00. It would, therefore, be also just that the order dated 29th Oct. 1980 is given effect to in preference to the order dated 18th Jan. 1980.

(2.) The revision is allowed. The effect of the fixation of reasonable provisional rent under section 13(2) as Rs. 30.00 per month is that this will he operative provisionally for the entire period for which the arrears of rent have been claimed and for the period after suit till the disposal of the suit. The defendant is liable to deposit rent on that basis. There will be no order as to costs of this revision. Revision allowed.