DHARAMDAS Vs. PREMBIHARILAL

JUDGEMENT

(1.) THIS is a revision against an order of the learned Munsif City, Jodhpur, dated 18th October, 1951.

(2.) THE opposite party sued the petitioner for recovery of Rs. 600/- on account of rent at the rate of Rs. 200/-per month. THE petitioner admitted tenancy as also execution of the agreement of lease fixing the rent at Rs. 200/ per mensem, but pleaded that the rent was excessive and that prior to the institution of the suit he had made an application to the Rent Controller under Marwar House Rent Control Act 1949 for determination of fair rent. He prayed that the suit should be stayed pending decision as to the amount of fair rent by the Rent Controller. Mr. Vidhyasagar, the Presiding Officer of the court passed an order that the suit could be stayed if the defendant deposited the amount sued for in court within a particular period. THE amount was deposited but in the meanwhile Mr. Vidhyasagar was succeeded by Mr. M., J. Mardia, who was of opinion that the order passed by his predecessor did not amount to stay of the suit but only an indication of his mind that he would consider that prayer. THE learned Munsif referred to sec. 7 of the Rajasthan Premises (Control of Rent and Eviction) Act. 1950 (Act No. 17 of 1950) and observed that under that section the stay of suit could only be made by the court dealing with the matter of fixation of standard rent.