AUROBINDO SOCIETY INDORE Vs. NARENDRA SHETH

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner-defendants against an order passed by Civil Judge, Class I, Indore in Civil suit No. 50a of 1975 dated 19-7-1977.

(2.) IT appears that after the order passed by the Court below under section 13 (2) of the M. P. Accommodation Control Act, affirmed by this court in Civil Revision No. 90 of 1975 on 7-9-1976, the petitioners got an order passed by the Rent Controlling Authority before whom proceedings under section 10 of the Madhya Pradesh Accommodation Control Act (hereinafter referred to as "the Act") were pending. By the order under section 11 of the Act the Rent Controlling Authority fixed interim rent at Rs. 600 per year. Thereafter the petitioners wanted to amend their written statement by saying that as interim rent has been fixed by the Rent Controlling Authority that should be the rent recoverable under section 13 (1) of the Act. The learned Court below rejected the application holding that the interim rent fixed by the Rent Controlling Authority under section 11 has no bearing in the suit for ejectment as provisions contained in section 13 do not talk of any order passed by the Rent Controlling Authority under section 11. The application for amendment was thus rejected.

(3.) ANOTHER application was submitted by the petitioners praying that the petitioners be permitted to deposit rent at the rate at which it has been fixed by the Rent Controlling Authority under section 11 as according to the petitioners that was the rent payable until standard rent is fixed under section 10 of the Act and the interim rent so fixed by the Rent Controlling authority replaces the contractual rent. This application also was rejected and against this a revision petition has been preferred before this Court which is Civil Revision No. 684 of 1977. The present order shall govern the disposal of both these revision petitions.