MOTILAL Vs. NARAYAN SINGH

JUDGEMENT

(1.) THIS appeal is by the landlord against the order passed by the First Addl. District Judge, Indore, in Misc Civil Case No. 30 of 1979 who by order dated 9.10.1979, dismissed the appeal against the order passed by the Rent Controlling Authority in case No. 136 of 1976 dated 18.1.1979.

(2.) THE non-applicant-tenant made an application under Section 7 of the Madhya Pradesh Accommodation Control Act, 1961 (hereinafter referred to 'the Act') for fixation of standard rent. It was not disputed before me that the agreed rent was Rs. 93/-. By the said order, the Rent Controlling Authority fixed the standard rent at Rs. 51.75 which was affirmed in appeal. The basis of the said order is section 7(3)(a) of the Act.

(3.) ALTERNATIVELY , learned counsel for the non-applicant submitted that the principle of apportionment should be applied, where on the basic dates that portion of which the standard rent is to be determined, has not been separately assessed as one unit. He further submitted that when the rental valuation as shown in the Assessment Register is available in respect of the entire building as a whole, but not with respect to the specific portion occupied by the tenant, the workable and rational method of arriving at the correct figure would be to consider as to what proportion the premises bear to the entire building and to arrive at the standard rent on that basis, as held in Shri Dharamdas v. Shri Jagannath (supra) (Civil Revision No. 2861 of 1963 dated 30th November, 1965 Indore Bench).