FARIDA BANO JILANI Vs. SAMRAT ASHOK TECHNOLOGICAL INSTITUTE

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India assails the interlocutory order dated 4.10.2013 passed in Civil Suit No. 14 -A/2013 by 4th Additional District Judge, Vidisha whereby an application under section 13(2) M.P. Accommodation Control Act, 1961 preferred by the plaintiff for fixation of provisional rent has been allowed by fixing provisional rent @ Rs.600/ - per month with enhancement clause at the rate of 15% per annum.

(2.) FROM perusal of the impugned order dated 4.10.2013, it appears that provisional rent has been fixed on the basis of the terms and conditions of the tenancy agreement entered into between the rival parties which in clause 3 provide for monthly rent of Rs.600/ - with enhancement clause of 15% per annum.

(3.) THE learned counsel for the petitioner placing reliance in the case of Anjnabai (Smt.) v. Ramniwas Mittal, reported in 1995(II) MPWN 117, contends that order of fixation of provisional rent in the manner passed by the trial Court is not in continuance of the statutoiy provision.