KAMALKUMAR BACHANI Vs. DILIP SHIVHARE

JUDGEMENT

(1.) With consent of learned counsel for the parties the matter is heard finally.

(2.) This Appeal under Section 32 of M. P. Accommodation Control Act, 1961, is directed against the order dated 4.8.2014 passed by Thirteenth Additional District Judge, Bhopal in MCA No.36/2014, which was an appeal under Section 31 of 1961 Act against an order dated 31.1.2014 passed by Rent Control Authority in purported exercise of powers under Section 10 of the 1961 Act, fixing the Standard Rent of the suit premises which are shops one at ground floor of Avinash Complex, State Bank of India, Chowk Sultania Road, Bhopal, admeasuring 20' x 70' = 1400 sq. ft. and the another at first floor having area of 1003 sq.ft.

(3.) The matter has a brief history. Appellant is the owner of suit premises. The respondent having suffered a decree of eviction in Regular Civil Suit no.254-A/2010 on 9.2.2012 by Eleventh Additional District Judge, Bhopal, on the ground of Section 12 (1) (a) of Act of 1961, being in arrears of more than Rs.25 lacs preferred a First Appeal No.540/2012 wherein after initial stay an order was passed on 8.4.2013 on I. A. No.8730/2012 by a Division Bench in the following terms-