DHIRAJ BAI Vs. BARI BAI

JUDGEMENT

(1.) BECAUSE of conflicting decisions in Jhabboolal Upadhyaya v. Gulab Nabi Khan, 1966 MPLJ (Note) 69 (by Tare, J. , as he then was) and Kasturchahd v. Sirekunwar 1972 MPLJ 903 (by Bishambhar Dayal,' C. J.), this matter has been referred to us by a learned Single Judge in this Miscellaneous Second Appeal, which has arisen from proceedings under Section 10 of the M. P. Accommodation Control Act, 1961 (hereinafter called the Act ). The present appeal is under Section 32 of the Act.

(2.) THE landlord instituted a suit for eviction against the appellant. During the pendency of the suit, on August 29, 1970, the appellant made an application before the Rent Controlling Authority for fixation of standard rent. On January 29, 1973, a decree for eviction was passed against the appellant. However, on june 7, 1973, the Rent Controlling Authority fixed standard rent, aggrieved by which the landlord preferred an appeal. The learned Additional District Judge, jabalpur, held that as the civil suit had been decreed during the pendency of the application for fixation of standard rent, the Rent Controlling Authority had no jurisdiction to fix standard rent. The tenant then preferred this second appeal.

(3.) THE question framed by the learned Single Judge is:-