MOHD NASIR MOHD SIRAZ Vs. JAMA MASZID COMMITTEE

JUDGEMENT

(1.) THIS appeal Under Section 32 of M. P. Accommodation Control Act (hereinafter referred as 'the Act') is directed against the order dated 26th March, 1996 passed by District Judge, Sagar, in Miscellaneous Appeal No. 19/92, which arose out of order dated 1-10-1992 passed by Rent Controlling Authority in his case No. 3-A/90-1. The Rent Controlling Authority had fixed standard rent of the shop rented by the predecessors of the present appellant from Jama Maszid Committee, Sagar. On 1st February, 1988 there was written agreement between the landlord and tenant fixing the rent of the shop at Rs. 180/- per month. The tenant filed petition for fixing of standard rent on 29-6-1988 urging that he was an old tenant and the rent was being increased by landlord from time to time. The last rent was Rs. 40/- per month. It was got illegally enhanced to Rs. 180/- per month by written agreement which was result of his misrepresentation.

(2.) THE Rent Controlling Authority initially fixed the standard rent and then in appeal there was a remand of the case, back to the Rent Controlling Authority as the landlord had asked for fresh opportunity to lead evidence regarding reconstruction. The opportunity was granted by the 1st Appellate Court. Since no evidence was led about reconstruction and the only evidence was regarding some repairs, the Rent Controlling Authority fixed the standard rent at Rs. 54/- per month by allowing an enhancement of Rs. 14/-over the earlier rent of Rs. 40/ -. The enhancement was at the rate of 35%. The landlord approached District Court again in appeal and the District Judge passed the impugned order dated 26-3-19% holding that the provisions of M. P. Accommodation Control Act did not apply to the Wakf properties as by notification dated 7-9-1989 such properties were exempted from provisions of the Act. Thus it was urged that on the date when the Rent Controlling Authority passed an order, the premises was exempt from rent control. The District Judge has held that merely because the petition was filed at the time when M. P. Accommodation Control Act was in force did not mean that the provisions continued to be applicable till the date of decision or that the standard rent could be fixed. So the appeal was accepted and the petition for standard rent was dismissed. It was ordered that the tenant has to pay the agreed rent and this would be the standard rent.

(3.) COUNSEL for appellant before this Court could not find fault with the fact that the M. P. Accommodation Control Act has been made inapplicable with effect from 7-9-1989 to all the accommodations owned by Wakf, registered under the Wakf Act, 1954. It is not in dispute that the present shop in dispute is owned by such a wakf. So with effect from 7-9-1989 this premises was exempted from applicability of M. P. Accommodation Control Act.