DHARMA BAI THAKUR Vs. USHA RANI DIXIT

JUDGEMENT

(1.) ARGUMENTS heard.

(2.) THIS petition under Order XLVII Rule 1, CPC, is for review of order dated 30-7-2004, passed by this Court in C. R. No. 1256/03 [2004 (4) M. P. H. T. 49]. In C. R. No. 1256/2003, the following order was passed :-

(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. 2/p. 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 :-