BASHIRAN BAI Vs. VIMLADEVI

JUDGEMENT

(1.) RESPONDENTS were the plaintiffs as the suit filed for eviction, recovery of arrears of rent and mesne profits alleging that the defendant was tenant in the suit accommodation at the rate of Rs. 262.50 per months. Suit was filed by them against the defendant-appellant on the ground of Section 12(1)(a) of Madhya Pradesh Accommodation Control Act, 1961 (hereinafter referred to a the 'Act').

(2.) ALTHOUGH the rent amount, which was to be paid by the defendant was in a large sum, but only the rent which was not time-barred was claimed by the plaintiffs. The suit was decreed by the learned trial Court.

(3.) SHRI K.K. Lahoti, appearing for the appellant, has very forcibly contended that the learned Courts below erred in law in passing the impugned judgment and decree and in not staying the suit, as the defendant's application for the fixation of standard rent filed under Section 10 of the Act was pending before the Rent Controlling Authority (RCA). It is submitted that the defendant had filed an application for the stay of the suit but the same was dismissed. In support of his contention, Shri Lahoti has placed implicit reliance on the authority of this Court in Kanchedi Lal v. Kasturi Bai, 1976(1) MPWN 158 and P.V. Shetty v. B.S. Girdhar, AIR 1982 SC 83.