MANOJ AGARWAL Vs. GEETA SINGHAL

JUDGEMENT

(1.) LEARNED counsel for the rival parties are heard on the question of admission.

(2.) THIS petition under Article 227 of the Constitution of India assails interlocutory order dated 10/12/2014 (Annexure P -1) passed by 2nd Additional Civil Judge, Class -1 to the Court of 1st Additional Civil Judge, Class -1, Gwalior, whereby, an application under section 13(2) of M.P. Accommodation Control Act, 1961 (for brevity 'Act of 1961') fixing the provisional rent as Rs. 5,000/ - per month w.e.f. October, 2011 and allowing another application of the landlord/respondent herein preferred under Order VII Rule 14(3) of CPC by taking certain documents on record.

(3.) AS regards application under Order VII Rule 14(3) of CPC, it is seen from record that plaintiff contended that oral tenancy was arrived at between the parties for rent of Rs. 10,000/ - per month. On the other hand, tenant /petitioner has averred before the Court that initially the tenancy was for rent of Rs. 2,000/ - per month which is presently enhanced to Rs. 3,000/ - per month. However, plaintiff/landlord obtained certain documents under Right to Information Act. These documents included registration certificate of the firm owned by the tenant which was being run in the tenanted shop and also other connected documents including the application made by the tenant for obtaining the said registration certificate which was accompanied by rent receipt vouching for the fact that tenancy was of Rs. 5,000/ - per month.