SHIV LAL Vs. SHORI LAL

JUDGEMENT

(1.) THIS is a landlord's petition for revision from the appellate order of the Rent Control Tribunal remitting the dispute relating to the fixation of standard rent for redecision of the Rent Controller.

(2.) THE tenant, who had taken the suit premises on an agreed rent of Rs. 45/ - per month on 1st of July, 1958, applied to the Rent Controller for fixation of its standard rent on 27th of August, 1959. On the 1st October, 1960, the parties made statements before the Rent Controller, the landlord agreeing to charge Rs. 31/4/ - per month as rent with effect from 1st September, 1959, and the tenant expressing his willingness to pay it. The Rent Controller, in accordance with their statements, made the following order -

(3.) This principle of law was accepted in the two single Bench judgments given by Gajendragadkar J. (now Justice of the Supreme Court) and Shah J. (now Justice of the Supreme Court) in two unreported decisions mentioned at page 6 of Popatlal Ratansey's : A.I.R. 1958 Bom. 1 case. The matter came up recently before Chief Justice Khosla in Sat Parkash v. Parkash Chand, Civil Revision No. 648 of 1960, and it was held by him in that judgment of 6th of April 1961, that a tenant, who has agreed to a consent order regarding fixation of standard rent, cannot reagitate the same question in subsequent proceedings. The single Bench decisions of this Court in Ladha Ram v. Khushi Ram (1955) 57 P.L.R. 188 and Niranjan Singh v. Murti Shri Bhagwan Ram (1955) 57 P.L.R. 530 were distinguished by Chief Justice Khosla on the ground that the second application was moved in those cases by a person other than the one who had actually entered into a compromise. I am in respectful agreement with the view expressed by Chief Justice Khosla and would accordingly allow this petition for revision, restore the order of the Rent Controller and set aside that of the appellate Tribunal. As there is some authority in favour of the view taken by the appellate Tribunal, I would leave the parties to bear their own costs.