DEVKRISHNA GAUR AND OTHERS Vs. LAKHANLAL AND OTHERS

JUDGEMENT

(1.) The present appeal is preferred under Section 32 of the M.P. Accommodation Control Act, 1961 against the order dated 03-08-2002 passed by the 8th Additional District Judge, Gwalior in Civil Appeal No.16/1997 allowing the appeal preferred by the respondents/tenants and set aside the order dated 26-04-1997 passed by the Rent Controlling Authority, Gwalior in case No.2/79-80/90-2 with further direction for consideration of the matter afresh.

(2.) Case involves chequered history. Tenant Parmanand (represented through his L.Rs. as respondents) inducted in the suit shop prior to 1948. Proceeding for fixation of fair rent was initiated vide case No.31/1950 before the Rent Controlling Officer, Gwalior and it appears that parties agreed over Rs. 51/- per month as rent w.e.f. August, 1948 and consent order was passed on 09-04-1951. It is further submitted by the appellants that on 06-10-1952 matter was reagitated at the instance of tenant for fixing the fair rent which was rejected on the ground of estoppel. In appeal, the matter was remanded and in second appeal, Division Bench of this order vide order dated 10-05-1957 in Miscellaneous Petition No.69/1954 upheld the order of Rent Controlling Authority.

(3.) After enforcement of the M.P. Accommodation Control Act, 1961 (hereinafter referred to as 'the Act') landlord/appellants (through his predecessor) Shrikrishna Gaur submitted an application on 21-05-1963 for fixation of standard rent under Section 10 of the Act. The application got rejected as not maintainable vide order dated 06-09-1965 in the light of compromise deed between the parties. However in Miscellaneous Appeal No.125/1965 vide order dated 13-10- 1966 matter was remanded back and the order of remand was confirmed on 24-08-1967 by this Court in Second Appeal No.5/1967. On remand Rent Controlling Authority fixed the standard rent of suit shop @ Rs. 31.80 per month w.e.f. 21-05-1963 and the said order was challenged in appeal in which direction for fixing the rent @ Rs. 60/- per month w.e.f. August, 1948 was passed.