PUSHPADANT Vs. SHAKHARAM

JUDGEMENT

(1.) THIS is a petition under Article 227 of the Constitution. The non -applicant applied for the determination of the fair rent under Section 7, Sthan Niyantran Vidhan Samvat 2006. The Controller fixed the rent at Rs. 13 -8 -0 per month. Against that decision an appeal was filed before the District Judge, Mandleshwar. The District Judge allowed the appeal and fixed the fair rent at Rs. 7 -8 -0 per month. Against this order this petition has been filed.

(2.) THE learned Counsel for the Petitioner has raised two contentions. His first contention is that under Section 9(2)(a) of the Sthan Niyantran Vidhan after the institution of the suit it was incumbent on the Controller to pass an order that the tenant should deposit rent at the rate agreed upon between, the parties until the decision of the suit. As such an order was not agreed upon between the parties until the decision of the suit. As such an order was not passed, the decision of the Controller is 'ultra vires'. The second contention is that under Section 9(3) of the Sthan Niyantran Vidhan the appeal should have been filed within 30 days of the decision.

(3.) ACCORDINGLY the petition is dismissed with costs.