USHA RANI Vs. DHARMA BAI THAKUR

JUDGEMENT

(1.) THIS revision under Section 115, CPC is directed against the order dated 28-10-2003, passed by V ADJ, Jabalpur, in C. A. No. 60-A/03, affirming the order dated 30-4-2003, passed by RCA, Jabalpur in Case No. 19-A/90 (1)/2002.

(2.) RESPONDENTS are tenants of the petitioners in the suit house. On 24-9-2002, they filed application before the RCA seeking fixation of standard rent under Sections 7, 10 of the M. P. Accommodation Control Act (hereinafter referred to as the 'act' ). The application aforesaid has been resisted by the petitioners stating inter alia that the contractual rent of the suit house is Rs. 195/- p. m. and in any case the standard rent should be fixed under Section 10 (4 ). The RCA vide order dated 30-4-2003 held that the fixation of the standard rent should be with reference to Section 7 (2) (ii ). Accordingly, Rs. 27/- p. m. standard rent has been fixed in respect of the suit house. Being aggrieved, petitioners preferred C. A. No. 60-A/2003 before the V ADJ, Jabalpur. The Court below affirming the order aforesaid passed by RCA, dismissed the appeal vide impugned order dated 28-10-2003.

(3.) IT is contended that the RCA and the Court below wrongly held that the suit house being a construction of prior to 1948, Section 10 shall not apply and the standard rent should be fixed in accordance with Section 7 (2) (ii ). As per the certified copy of assessment register of Municipal Corporation for the years 1943-44 to 1947-48, the suit house was assessed on the basis of Rs. 21p. m. said to have been paid by the then tenant. Section 7 (2) (ii) is to the effect; where the accommodation was not let out on or before the 1st day of January, 1948, the rent of that accommodation as shown in the Municipal Assessment Register or as could be realized on the 1st Day of January, 1948, whichever is less shall be deemed to be standard rent in relation to the said accommodation. On the basis aforesaid, the RCA vide order dated 30-4-2003 held that the suit house was constructed prior to the year 1948, as such, the standard rent should be determined with reference to Section 7 (2) (ii ). Petitioners placing reliance on a decision of this Court in Smt. Shanti Verma v. Union of India, 1973 MPLJ-SN 56, contended that in a case where there are several assessments, provision of Section 7 (3) shall not be applicable and the RCA ought to have been decided the question of fixation of standard rent under Section 10 (4) of the Act. In Smt. Shanti Verma v. Union of India (supra), it has been held :-