S K NANHORYA Vs. V J DOWSON

JUDGEMENT

(1.) THIS is a reference by R. S. Garg, J. in M. A. No. 401/90 Under Section 32 of the M. P. Accommodation Act, 1961 (hereinafter referred to as "the Act") arising out of order dated 5-7-1990, passed in M. A No. 18/88 by the IIIrd Additional Judge to the Court of District Judge, Jabalpur, preferred against the order dated 28-7-1988, in R. C. Case No. 27-A/90 (1) 87-88 passed by the Rent Controlling Authority, Jabalpur (RCA ).

(2.) ON an application Under Section 10 of the Act for fixation of standard rent filed by the appellant/landlord the R. C. A determined the standard rent at Rs. 350/- per month from the date of application, i. e. , 14-12-1987 Under Section 10 (4) of the Act holding that modes prescribed in Section 7 (1), (2) and (3) are not applicable. Aggrieved of that, the respondent, since deceased, preferred the appeal Under Section 31 of the Act which was allowed holding that the accommodation let was constructed in the year 1956-57 and that there are more than one Municipal assessment, one for the year 1977-78 to 1982-83 fixing annual rent on the basis of Rs. 75/- per month, and the other, for the year 1983-84 to 1987-88 fixing annual rent on letting value Rs. 120/- per month. Therefore, as the accommodation is separately assessed to Municipal assessment, Under Section 7 (3) (a) the annual rent would be according to such assessment plus 15% thereon, on the basis of assessment of 1983-84 to 1987-88.

(3.) APPELLANT placing reliance on a decision rendered by G. P. Singh, J. (as he then was) in Smt. Shanti Verma v. Union of India, M. A. No. 4 of 1972, decided on 8-3-1973 = 1973 MPLJ SN 56 contended that in a case where there are two assessments, provision of Section 7 (3) would not be applicable and the RCA was justified in deciding the question of fixation of standard rent in accordance with Section 10 (4) of the Act.