TEKCHAND MEGHRAJ Vs. MUNICIPAL COMMR.
HIGH COURT OF MADHYA PRADESH
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Samvatsar, J. -
(1.)(sic) a petition under Article 226 of the Constitution of India, by one Tekchand son of Meghraj (sic) Indore.
(2.)(sic) Petitioner is a tenant occupying a portion (sic) No. 44 (old No. 43) in Ranipura Indore which belongs to Thakur Krishnkantsingh, opponent No. 3 in the present case. In 1948, the Petitioner applied to the Rent Controller at Indore for determining the fair rent of the premises leased to him by opponent No. 3 under the provisions of the Indore Rent Control Order. The case was registered as Rent Control Case No. 283 of 1949 and was decided by the Rent Controller on 14th, October 1949. By this decision the rent of the house was determined at Rs. 30/ - per month.
Aggrieved by this decision of the Rent Controller opponent No. 3, the landlord appealed to the Municipal Commissioner Indore as provided in the Indore Rent Control Order and appeal was registered as Rent Control Appeal case No. 150 of 1949. The appeal was allowed by the learned Municipal Commissioner who is described as opponent No. 1 in the present case and the case was remanded to the trial Court for recording evidence and disposing, of the case in accordance with law.
During the interval the Madhya Bharat Sthan Niyantran Vidhan was promulgated and came into force with effect from 9th February 1950, Section 23 of the said Vidhan repealed the Indore Rent Control Order and all other Rent Control laws in existence in the various covenanting States, After remand therefore the question arose as to whether the proceeding could be continued under the old law or the new law. The Bhada Niyantran Adhikari who was appointed under Sthan Niyantran Vidhan took up the case after remand and by his order dated 9th July 1951 held that the pending cases could be disposed of by him in accordance with the provisions of the new law.
(3.)ON 26th July 1951, the Bhada Niyantran Adhikari finally disposed of the matter by dismissing, the application of the Petitioner for determination of fair rent.
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