HAFIZ NOOR BUX Vs. DATTATRAYA JOSHI

JUDGEMENT

(1.) THIS revision is directed against the order dated 2 -2 -1971 by the District Judge Gwalior, whereby the learned District Judge upheld the order of the Rent Controlling Authority and thereby fixed the standard rent at Rs. 76.50 p.m. by increasing the agreed rent from Rs. 55/ - p.m. by 70 per cent under S. 7(2)(i)(b) of the M.P. Accommodation Control Act (No. 41 of 1961). The contention on behalf of the petitioner is that S. 7(2)(i) (b) has no application to the present case.

(2.) A preliminary objection bas been raised by Shri J.P. Sharma on behalf of the non -petitioner that the revision is Dot maintainable inasmuch as the impugned order can be challenged by a second appeal under S. 32 of the Act. Mr. M.A, Shah conceded to this preliminary objection and submitted an application to day (registered as IA. No. 3439/76) and has prayed that since there is no impediment in treating this revision as a second appeal, it may be ordered to be converted into a second appeal and be heard as such.

(3.) ADMITTEDLY , the rent agreed between the parties on 1 -6 -47 was Rs. 45/ - pm., but it is also the admitted case of the parties that the rent of the accommodation in question is not shown in the Municipal Assessment Register. The question then arises whether S. 7 (2)(i) will apply.